Website Cookie Policy

We use cookies to give you the best possible online experience. If you continue, we’ll assume you are happy for your web browser to receive all cookies from our website.
See our cookie policy for more information.

Practice Areas

More Information

thepartners@wrigleys.co.uk

Leeds: 0113 244 6100

Sheffield: 0114 267 5588

FOLLOW WRIGLEYS:

Court of Protection

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

Court of Protection Home

Lynne Bradey

Email: lynne.bradey@wrigleys.co.uk

Telephone: 0114 267 5584

Position: Partner

Taking the heat out of a family war?

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 of attorney will be very important and will be obtained in the most appropriate way, whether that be by them attending in person, making a statement on paper or video or being represented by an advocate such as an Independent Mental Capacity Advocate.  The Office of the Public Guardian will instigate the mediation in appropriate cases, not individual family members.

The aim is to avoid a court hearing but if the issues cannot be resolved by mediation that is still an option.  The mediation will not run alongside court proceedings but rather it will be either / or, with the hope of course that mediation resolves the issues so no proceedings are needed!

The scheme will not generally be appropriate for cases where abuse or neglect is alleged.  The scheme does not apply to Deputyships at this stage but that could change.

After the pilot, the OPG will assess the success of the scheme and specifically whether the mediation being instigated by the Office of the Public Guardian makes it work better, as opposed to just suggesting mediation.  If the OPG option is chosen, then a decision will need to be made about who pays for mediation.

The hope is that seeing each other at mediation will remind families why they are there and encourage them to become more reasonable.  OPG investigators often see this happen at a hearing and the aim is to bring everyone together before matters reach that pitch.

Comment:

This is a very welcome development.  These situations can be very traumatic for the person who lacks capacity and for the whole family.  If mediation can keep the best interests of the person lacking capacity at the forefront while bring the family back together and away from an adversarial process that has to be best. It will be interesting to see if the OPG ‘badging’ makes a difference to the take up or engagement.

 

11 Apr 2019

Would it have been a reasonable adjustment for an employer to follow its own policy?

A disabled employee should have been offered a dedicated parking space as a reasonable adjustment in line with the employer's own policy

10 Apr 2019

Marie-Louise Hamilton to be Managing Partner at Wrigleys LLP

Marie-Louise Hamilton has been appointed managing partner and will start the role in May 2019.

29 Mar 2019

Was a head teacher discriminated against for being gay?

Did the treatment of a gay head teacher amount to constructive dismissal and sexual orientation discrimination?