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Court of Protection

Welcome to our Court of Protection blog featuring updates, guidance and news from the Wrigleys team.

Court of Protection Home

February 12, 2018 - Case Update

Last week saw the publication of Senior Judge Hilder’s review of the appointment of trust corporations to act as a property and affairs deputy for a protected party, and in particular what information is necessary for the Court to be satisfied that a trust corporation is a fit and proper person to be appointed as […]


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January 16, 2018 - Guidance

Citation numbers [2015] EWCOP 93 and [2016] EWCOP 65 Case Impact in Brief If you are acting as an attorney, there are very clear rules about what you can give away and what you can’t. Unfortunately not everybody seems to know them.  In this case the attorneys seem to have sought advice but not from […]


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July 19, 2017 - Case Update

This has been hitting the headlines and law reports again recently. We look at the recent cases and include 3 tips for litigators to get the best value out of professional Deputies


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May 31, 2016 - Guidance

The Public Guardian has issued new guidance about gifting for someone acting as a deputy or attorney.


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April 26, 2016 - Case Update

Comment – This is another sad case involving an attorney who seemed to be looking out for his own interests rather than Alma’s.  A panel Deputy is now in place and things are being put right.  Be careful who you appoint as your attorney! Case Details An attorney who took almost £80,000 from his aunt’s […]


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March 29, 2016 - News

Please visit our new website for up-to-date articles and opinion http://www.communitycaresolicitors.co.uk/     


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December 23, 2015 - Case Update

A father and a friend who were deputies for a young lady were removed by the Court of Protection and replaced by a panel deputy.  In considering their, rather late, response, Senior Judge Lush was able to see a very different side of things. Comment Here, Senior Judge Lush took time to look at all […]


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Case Update

In this case an attorney who seems to have taken rather too fluid a view of the interaction between his finances and those of his incapacitated mother was removed by the Court of Protection. Comment Here again we see an attorney who seems to have confused the fact that he was receiving his mother’s money […]


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November 24, 2015 - Case Update

In some ways this case is unremarkable but every instance of financial abuse is sad, particularly so when it is perpetrated by those a parent should be able to trust. I get a sense here that because Alan had gone into a home, his daughters no longer saw his assets as his. In this particular […]


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November 18, 2015 - Case Update

An attorney who “didn’t have a clue” about her duties was removed as attorney but re-appointed as deputy in an inventive solution from the OPG, being blessed by Senior Judge Lush. This case related to AMH, a widow who lived in Greenwich and retired to Herne Bay. The case involved a very challenging family situation […]


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November 5, 2015 - Case Update

The only son of an elderly lady, who charged her £400 a day for visiting her and acting as her attorney and said that a panel deputy would be a waste of time because his mother’s money was coming to him anyway, has been removed by the Court of Protection. Martin is the only child […]


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September 1, 2015 - Case Update

A son who used more than £250,000 of his mother’s money for his own purposes has been removed as attorney. His “appalling” conduct and concern about assets he had bought in his name with his mother’s money being dissipated as part of his divorce led the Court of Protection to appoint deputies instead. This case […]


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12 Dec 2018

Enfranchisement reform - implications for community-led housing

We look at the impact of proposed changes to enfranchisement law – community-led housing (CLH) groups should respond before 7 January 2019.

30 Nov 2018

Will a refusal to offer a trial period make a redundancy dismissal unfair?

Yes, the refusal of a contractual right to a four week trial period in an alternative role is very likely to lead to an unfair dismissal (EAT).

30 Nov 2018

Can an employee be dismissed for incapability if their contract provides long-term disability benefits?

Incapability dismissal may be unfair and discriminatory if employee is contractually entitled to income when incapacitated by permanent disability.