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Court of Protection

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

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July 17, 2018 - News

The Office of the Public Guardian (OPG) is about to launch a mediation pilot scheme to deal with family conflicts about powers of attorney.   The scheme will apply to Enduring and Lasting Powers of Attorney.  The mediation will be face to face as far as possible.  The views of the person who made the power […]


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February 14, 2018 - News

Did you apply for a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) to be registered between 1st April 2013 and the 31st March 2017? If you did then you may be eligible for a refund. The Ministry of Justice has embarked on a £69,000,000 refund scheme for people who may have […]


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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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April 6, 2017 - Case Update

A recent case warns attorneys about higher risk investments that benefit the attorney personally through IHT reliefs.


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March 8, 2017 - Guidance

The Office of the Public Guardian (OPG) published new guidance on 3 March 2017 for professionals who are appointed to act as an individual’s attorney under an LPA.


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March 2, 2017 - Guidance

This Law Society guidance has been eagerly awaited by solicitors and other professionals.

The practice note is available here which includes a very useful flow chart and precedent letters.


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October 21, 2016 - Case Update

LPA donors are now able to appoint attorneys through advance specification in their LPA so that a surviving jointly appointed attorney can continue to make decisions on their own should the other co-attorney be unable to act.


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June 6, 2016 - Case Update

Yes, says the Court of Protection.

A daughter continues as health and welfare attorney for her father, though the Judge partially revoked the property and affairs LPA.


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May 18, 2016 - Guidance

Please click on the image to read more about: What is the test for mental capacity? What should happen if a person lacks capacity to make a decision? How do you define ‘best interests’? …and much more. Full details here


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December 23, 2015 - 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 23, 2015 - News

An alarming new report reveals the number of people who leave major decisions about housing, assets and care to chance. In a nutshell: 86% of people in the Yorkshire and Humber region are currently living with no control over important later-life decisions around their housing, assets, heath, and care 84% of people in the UK […]


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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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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.