As we reach the end of the seventh week in lockdown, and the media is full of eager reports about how we might get back to normal, I thought I would reflect on how Wrigleys has managed in this period. Our clients lives have not stopped because of the lockdown and a range of challenges […]
In the recent case of ACC and others [EWCOP9] 2020 the Court of Protection has provided a helpful reminder to deputies as to what falls under the general authority as outlined in the deputyship order and also when to seek specific approval for contentious litigation and instructing other departments in a professional deputy’s firm. The […]
This case involved concerns raised by the Office of the Public Guardian (OPG) about the way an attorney was looking after his father’s affairs. There is nothing unusual in that and the OPG often brings cases to Court where their investigations of an attorney’s behaviour have found problems. In this case, the attorney felt aggrieved […]
Deputies are required to provide the OPG with an report each year detailing how they have managed the funds of their loved one. The OPG may ask you for evidence of your expenditure or ask you to justify certain expenses. It is therefore important to keep full and accurate records. Attorneys are not supervised in […]
As professionals specialising in Court of Protection work we often hear from clients that they have been told by social services that they have to sell their parents’ home to pay their care fees. This is often a very stressful time for families and understanding what needs to be done and why can help make […]
The Court of Protection was asked by TQ a former carer of P to make a health and welfare deputy order under Section 16 in her favour. P has a life long diagnosis of a severe form of epilepsy, has severe global delay, is unable to verbally communicate and cannot walk. P requires 24 hour […]
The Office of the Public Guardian (OPG) is responsible for supervising deputies and it has an important role in investigating allegations of wrong-doing by both deputies and attorneys. The OPG also keeps registers of all deputyship orders and Lasting Powers of Attorney (LPAs). These registers can be searched by member of the public. The OPG […]
In circumstances where a deputy or attorney is acting for someone (I will call them ‘P’ because that is the way they are referred to in the Mental Capacity Act 2005), that person usually has other day to day care needs. In this blog I am going to look at making payments to recognise the […]
As the holiday season dawns upon us, so does a newly elected government following the recent general election with a turnout of just under 32 million voters – approximately half the population of the UK! Prior to the election, I had overheard a conversation between one of our paralegals and one of our clients, a […]
A lot of people understand that the Court of Protection makes decisions about people’s finances. The Court’s powers are much wider than this though. Where there is a dispute about whether a person has the mental capacity to marry, the Court of Protection will make a decision. That is what happened in this case. In […]
Some of the Wrigleys team recently attended the excellent Capacity, the Internet and Social Media conference organised by the Brain Injury Group. We were treated to very practical and helpful sessions from an eclectic mix of speakers. The main takeaway points for us were: The concerns we have over vulnerability aren’t unique to the internet […]
The national Court of Protection team are delighted to have been recognised in the national legal directory Legal 500, 2020, for a new ranking of tier 2. The team’s new profile reads: “Wrigleys Solicitors LLP covers all aspects of property and financial affairs and currently manages 101 deputyships and over 300 trusts. The specialist team […]
In this case, Allied Services Trust applied to be a property and affairs deputy for a person known as TWAH. The CEO of Allied Services Trust was already acting as interim deputy. The Court looked at whether Allied Services Trust could be a deputy and if it could, what the requirements would be. Readers might […]
The Office of the Public Guardian (OPG) has released guidance about its complaints and feedback procedure. The guidance can be found here. The guidance only relates to services the OPG provides and not any other body such as the Court of Protection or the High Court. The guidance details the information you will need to […]
The recent case of FL v MJL [2019] EWCOP 31 looked at the authority of a deputy to make gifts from the surplus income of the person whose funds he manages. MJL is a very wealthy individual with wealth of around £17,000,000 resulting in an income in the region of £123,000 but the court’s decision […]
The fee to make an application to the Court of Protection will reduce to £365 from 22 July 2019. The Court Fees (Miscellaneous Amendment) Order 2019 was laid before parliament on 1 July 2019. The Order decreases Court fees payable in certain areas including the Court of Protection. The application fee for Court of Protection […]
We are pleased that the Lord Chancellor has announced the discount rate for personal injury lump sum compensation payments. The discount rate governs the amount of money a client should receive when they are paid compensation now for expenditure that will happen in the future. That could be to purchase an adapted vehicle or equipment […]
Earlier this year this blog analysed the case of Re B: (Capacity: Social Media: Care and Contact) [2019] EWCOP3 in relation to social media. Those who read the judgement will have noticed that the judge also made findings in relation to other questions of capacity that appeared somewhat paradoxical. There has now been an appeal […]
The Mental Capacity (Amendment) Act 2019 has received Royal Assent. That means that the new liberty protection safeguards (LPS) will replace the current deprivation of liberty safeguards (DoLs). The LPS are due to come in in 2020 although there might be a period when the two regimes overlap. The LPS apply to people aged sixteen […]
People who become the subject of Court of Protection proceedings often do so at a time when their life has been impacted by a significant event, or when they are going through substantial change. One of the clear principles of the Court, and of the framework of the Mental Capacity Act 2005, is that capacity […]
The Office of the Public Guardian has issued guidance for attorneys and deputies thinking of investing money for the person whose affairs they look after. The note reminds attorneys and deputies that they can’t do whatever they like with the person’s money, that the person should be supported to make decisions themselves where possible, and […]
When applying to be appointed as someone’s financial Deputy or awaiting a registered Lasting Power of Attorney to be returned from the Office of the Public Guardian (OPG) it may feel like the hard work is over once the document arrives in the post. In reality however, registering the document with financial institutions and utility […]