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 […]
The Office of the Public Guardian (OPG) for England and Wales has just published a six year strategy to improve safeguarding of adults at risk https://www.gov.uk/government/publications/safeguarding-strategy-2019-to-2025-office-of-the-public-guardian. This includes developing a fully online service for users to register a Lasting Power of Attorney (LPA). Whilst more adults than ever now have a registered LPA, EPA or […]
Wrigleys Trustees Limited, our trust corporation at Wrigleys Solicitors, remains a Court of Protection approved panel deputy, available to support people who lack mental capacity. Some professional deputies are called “panel deputies”. A panel deputy is a deputy appointed from the Court approved list (who have undergone a stringent application process). It is often the […]
Regular readers of the blog will remember when Shaun Hill was jailed for breaching an injunction the Court of Protection had put in place to protect his father. New readers can find our discussion of that case here . In this case, Imre Stalter was at risk of a jail sentence for breaching Orders designed […]
The internet, and particularly social media, can provide disabled persons with a great opportunity to express themselves, learn new skills and information, locate support, and interact with others. Sadly, it is not without its dangers. The NSPCC reported this month that over 5,000 online child grooming offences were recorded by police in England and Wales. […]
You might remember the case where the outsourcing of Deputyship duties went wrong? In the second round of litigation in this case following the Court’s decision that Matrix had acted not in compliance with either its statutory or fiduciary duty (as mentioned in our Lynne Bradey’s article here “Trust corporation fails vulnerable clients” – link […]
The meaning of the phrase “nursing and other healthcare” Executive Summary There is a substantial and growing disconnect between the public who see their relatives suffering from profound disability and illness, often involving neurological disorders such as dementia and stroke, and the view of NHS continuing care teams in Clinical Commissioning Groups that such patients […]
LCN v KF & Ors [2019] EWCOP This sad case involved CJF, a 13 year old boy who had suffered extensive injuries through negligence at his birth and who needed significant 24 hour care for all aspects of his life. He sadly died a few days after the case was decided. CJF’s mother was 18 […]
In the case of EXB v FDZ [2018] EWHC 3456 (QB) Foskett J, that was the question to be determined. At age 26 EXB was involved in a catastrophic road traffic accident from which he acquired a traumatic brain injury. This injury was expected to be lifelong and meant that EXB would likely need support […]
You might be surprised to find that the answer is yes. The case This case (Case Reference [2018] EWCOP 35) involves an elderly gentleman known as KJ who suffers from dementia. There were concerns about the behaviour of two men, one named Shaun Hill. It appears from the Judgement that KJ was Shaun Hill’s father. […]
What happens if you instruct your attorney to assist your suicide in your Lasting Power of Attorney? In this case, the Public Guardian made nine applications to the Court of Protection because he had received nine Lasting Powers of Attorney with provisions relating to euthanasia or assisted suicide. Some of the LPAs appeared to have […]
The tax system is not the most straightforward thing in the world. Many people with full mental capacity and the ability to access the internet still find they need help to make sure they understand the HMRC policies and regulations. Who helps vulnerable people with their tax? This isn’t just about paying the right amount of […]
A qualified person can be appointed as deputy for property and financial affairs by virtue of holding an office in an approved organisation. The appointment will continue even if the office holder is replaced by another person. The Office of the Public Guardian should be informed of a change in office holder or other relevant […]
Before there is a flurry of over excited gifting, let me make it clear that this gift was only approved by the Court after a thorough consideration of the situation and a best interest assessment. Attorneys have very limited powers to make gift without the Court’s approval. For example, an attorney can buy a birthday […]
http://www.bailii.org/ew/cases/EWCOP/2018/17.html Readers might remember that Mr Fitzgerald, a very persistent maker of Court of Protection applications, reappeared a few weeks ago when his latest application was dismissed as without merit. The last instalment can be found here It seems that Sir James Munby had not heard the last of the tireless Mr Fitzgerald after all. […]
Following the recent appointment of Sir Andrew McFarlane as President of the Family Division of the High Court comes the announcement of Mr Justice Hayden’s appointment as the new Vice-President for the Court of Protection. The team at Wrigleys wish to congratulate both on their appointments and look forward to the future development of the […]
Readers of the blog might remember Desmond Maurice Allan Fitzgerald, who featured in a previous posting which can be found here. The original dispute was about the affairs of A, Mr Fitzgerald’s aunt. A’s niece, C, was appointed as A’s deputy in May 2013. Mr Fitzgerald had objected to this. In fact Mr Fitzgerald objected […]
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 […]
Case reference ET v JP 2018 EWHC 685 Ch Which Court? If you want the Court to vary a trust with minor beneficiaries but one of those beneficiaries lacks capacity, do you go the Court of Protection or the High Court? Answer – the High Court every time. In this case, the parties could have […]
This is the third edition of Austin Thornton’s publication on Paying for Residential Care. More than ever, due to the continuing care funding crises, practitioners are being regularly contacted by clients for advice on paying for care for themselves or their loved ones. Austin has been a solicitor for nearly 23 years and has worked […]
A huge thank you to all that attended our second “Through the Maze” Conference, last Wednesday 7 March in Leeds. We heard from five excellent speakers, including our own Austin Thornton. Austin along with Stephen Knafler QC of Landmark Chambers gave interesting talks in relation to the issues surrounding Direct Employment of carers specifically regulation, […]
This guide provides up to date care and support advice and information for people in Sheffield Click on the image below to read your copy.- What is covered in this guide? 1.Living with support 2.Options for your long term needs 3.Paying for your care 4.Choosing a home and your next steps 5.Living in a residential […]
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 […]
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 […]
Hot on the heels of the PP case, in January 2018 the Office of the Public Guardian has offered an updated practice note for attorneys and deputies. There are some very helpful reminders for attorneys and deputies in this note. The definition of a gift is wider than many people would think and the OPG […]
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 […]
On 7th March 2018, Wrigleys are holding a conference which will look at the regulatory structure underpinning the direct employment of carers to look after persons who are privately funding that care. The conference will be of interest to: • Litigators claiming care costs in personal injury cases. • Experts providing evidence in care cases • Case managers […]
It’s vital to check “under the hood” when requesting the appointment of a Trust Corporation as deputy. Overview: In a recent case, Matrix Deputies Limited admitted breaching their fiduciary duty by accepting commissions on sales of residential properties belonging to vulnerable clients. They also accepted “failures in administration”. The allegations against Matrix Deputies Limited were […]