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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

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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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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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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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 14, 2015 - Case Update

Will this be the case when appointing successive Deputies? Hopefully, says the Court of Protection. It is hoped that when the time comes for successive Deputies  to take over they will “faithfully fulfil their responses”,  likening the position to that of godparents and  English Ecclesiastical Law (Canon B23.2). This unusual case, specific to its facts, […]


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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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July 27, 2015 - Case Update

Criminal prosecutions of attorneys for financially abusing the donor of a Lasting Power of Attorney can be difficult to bring.  This criminal appeal might make such prosecutions easier. The defendant in this case was the incapacitated person’s daughter.  Readers might be interested to know that Senior Judge Lush keeps a list of the identities of […]


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July 14, 2015 - Case Update

Summary Here, the Court of Protection was asked to decide how a millionaire’s estate should be divided between a daughter from a previous marriage and his second wife. We comment on the case at the bottom of this post. Pseudonym – Peter Jones Rather than the usual approach of using letters to refer to the […]


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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.