Lynne Bradey and Isabel McIver give practical advice tips for trustees and their advisers in dealing with vulnerable relatives.
Office of the Public Guardian publishes new guidance for NHS providers which will aid best interest decision making by attorneys and deputies.
Gifting as attorney under the authority of a Lasting Power of Attorney – the High Court reminds us of the restrictions under the Mental Capacity Act 2
We take a look at the increase in hourly rates which deputyship firms can charge from 1st October 2021.
New guidance from the Court of Protection on appointing the Official Solicitor in both personal welfare and property, and affairs proceedings.
We explore the most appropriate way to leave money to a vulnerable young person in your will.
This issue came up recently in the case of E v London Borough of Hammersmith and Fulham  EWCOP 7 and here is what happened.
We are delighted to announce that Wrigleys is now a member of the Brain Injury Group’s Court of Protection panel.
LMS a 21 year old with Sotos Syndrome, significant autism and some learning disability lacked the capacity to manage her own finances.
The first Child Trust Funds have started to pay out this month.
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 […]
Since the lockdown was announced on 23r March we have all had to adapt our daily and working lives. Deputies and attorneys have also had to find new ways to carry out their duties and to make sure the person they act for is protected, cared for and have all they need. To help work […]
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 […]
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 […]
You might have seen ‘What does the Court of Protection have to do with my vote?’ and ‘What does the Court of Protection have to do with my wedding?‘ (What other decisions can the Court of Protection make and when can it make them? The case of PWK gives us some answers. It is not […]
How to make a successful start as a deputy or attorney Acting as a property and affairs attorney or deputy for a loved one can be a daunting task, but it is one that more and more of us are facing. You have the job of looking after some else’s finances and you very much […]
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 […]
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 […]
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)  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 […]
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 […]
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 […]
In the case of EXB v FDZ  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 […]
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 […]
In case some of you may have missed it, there has been a long awaited reduction in #COP fees from last Wednesday 25 July 2018. The application fee has reduced from £400 to £385 & Appeal fee from £400 to £320. The Hearing fee remains the same. For further information click here
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 […]
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 […]
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, […]
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 […]
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 […]
wef 21st July 2017, all non-financial orders produced in the Court of Protection will be endorsed with an electronic seal – in place of the current ink fed manual seals.
Notes from the annual OPG Annual Panel Deputy Conference Once a year the Office of the Public Guardian (the OPG) hold their annual conference for professional Deputies who are on their approved panel list. This year’s conference was held in Birmingham on Thursday 6th July and featured some interesting speakers from the OPG, the Official […]
Reflections on an enjoyable and interesting 2017 Conference
Thank you to everybody who attended an excellent conference yesterday in Leeds.
We heard from 6 excellent speakers and enjoyed some interesting debate on current issues and future developments.
Details of all the speakers are below.
Her Honour Judge Hilder will be the successor to His Honour Judge Denzil Lush
As all PI litigators are aware, when victims of life-changing injuries accept lump sum compensation, the actual amount they receive is adjusted down to take into account of the potential for investment gains following accelerated receipt of damages. The discount rate has been set at 2.5% for over 15 years, during which time interest rates […]
Congratulations to Charlotte Dyson for her place on the definitive annual list of young private client practitioners across the UK
The Public Guardian has issued a new guidance note on the hot topic of family care. There have been several cases before the Court of Protection recently about gratuitous care payments.
Clarion’s annual Court of Protection Masterclass is held specifically for court of protection practitioners in order to address the issues faced by Deputies on a day to day basis. This full day event will provide updates in respect of Court of Protection case law, costs and a number of issues from dealing with cases arising […]
A new study has shown that there was a 20% drop in incidence in the incidence of dementia in the study group, driven by a reduction in men across all ages above 65. Austin Thornton of Wrigleys’ Health & Care team comments here
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 […]
From the start of 2016, a 6 month pilot scheme will test whether CoP cases will be heard in private, in public or just open to the media. Sir James Munby (President of the Court of Protection) explains the reasons for this development here
The Office of the Public Guardian (OPG) has changed its way of supervising deputies following a consultation carried out last year. The old system of supervision (classifying each case with either type 1, 2A, 2 or 3 level supervision) has been replaced with ‘General‘ and ‘Minimal‘ supervision levels. Supervision and support is now to be […]
Wrigleys Court of Protection team are celebrating an entry in the prestigious legal industry rankings in the first year of applying. Paul Nash (Managing Partner) comments “It is fitting acknowledgement of the high regard that Lynne Bradey’s team is held by achieving a place in a national list of experts on the first year of […]
The continued success of our Court of Protection work means that a new role has arisen in our thriving team. Supported by our Trust Administration team who look after our clients’ day to day finances back at the office, this role involves meeting clients for regular review meetings or as issues arise, as well as […]
We are looking for candidates with a passion and the drive to work autonomously and build a rewarding career as a paralegal working for some super clients and becoming part of their trusted support network. Full details are available here
The Dementia Action Alliance brings together organisations committed to transforming the lives of people with dementia and their carers. Organisations whether large or small and across all industries are encouraged to get involved. Wrigleys solicitor Charlotte Dyson lead the activities at Wrigleys that are organised to help raise awareness of dementia in England with the overall aim of […]
These standards form an important part of OPG’s improved approach to supporting and supervising professional and public authority deputies. They set out what is expected of deputies and provide an important checklist of actions and behaviours that every deputy should follow. Full details of the deputy standards are here
Wrigleys are proud to join the Office of the Public Guardian’s new panel of Deputies. The role of Deputy involves a lot of responsibility to provide expert guidance to people who can be at their most vulnerable. Ian Potter explains: “The Court of Protection can appoint a Deputy to help manage and deal with the […]
Must the OPG register an LPA regardless of how complex the provisions are? Yes says the CoP Speedread In what appears to be one of the most complicated LPAs ever seen, the Court confirms that the donor of a lasting power of attorney has the right to impose any number of conditions specifying when and […]
Can the Court of Protection only choose from the available options for a person who lacks capacity when making a best interests decision? Yes says CA As well as clarification on the limit of the Court’s discretion to consider wider options to those presented, this case also includes interesting comments for all practitioners on case […]
Dementia Friends Champions Charlotte Buckley and Amy Slinn have held Friends’ information sessions for 96 people at Wrigleys…and counting! Charlotte said “The aim of the information session is to ensure we all have an awareness of Dementia and as a firm we continue to strive to be Dementia Friendly and build on strong ties with […]
A brother and sister were appointed as attorney for their mother. The daughter spent £451,513 of her mother’s money while the son took a back seat. MC is a lady who lives in a residential care home in Aldershot. Her husband died in 2004. She has two children; a son, NC who is a mechanic, […]
The Court of Protection takes the unusual step of refusing an application for the revocation of an Enduring Power of Attorney. The application was made by the Office of the Public Guardian (OPG) in relation to DT, a man with dementia. DT, whose financial affairs are looked after under an Enduring Power of Attorney, is […]
In this case the OPG had concerns about the way a deputy was dealing with his mother’s finances and made an application to remove him. Their concerns fell into three broad categories: They did not feel the financial information provided was sufficient and that there were particular receipts missing from a renovation project; They felt […]
Wrigleys have supported the Dementia Action Alliance to produce a free booklet to help those living with dementia & their families. Wrigleys Solicitor Charlotte Buckley and Legal Assistant Amy Slinn head up the Professional Services Group of the Rotherham Dementia Action Alliance. Working in partnership with other organisations within that group, the participating professional firms […]
The case of re: PV gives us important clarification of what should happen in these sometimes complex cases. PV was injured as a child. It was accepted that the brain injury he suffered at five months old was non-accidental. He has significant intellectual, cognitive and behavioural problems. Readers may be familiar with the Criminal Injuries […]
A deputy who sent the Office of the Public Guardian a bill for his time spent dealing with them has been removed by the Court of Protection. Unusually for a decision of this kind, there was no suggestion of any financial wrongdoing; it was the deputy’s consistent failure to co-operate with the OPG that contributed to […]
A provision that was included in a Lasting Power of Attorney for Property and Affairs has been deemed contrary to public policy. In summary: The provision (see grey box below) excluded any public authority from obtaining any information about the donor’s property and financial affairs. We have picked out a key extract from the judgment of […]
An attorney who refused to engage with the Court of Protection and Office of the Public Guardian has been ordered to pay her own legal costs. As a result of her conduct (described as “aggressive and disingenuous“), the costs in the case were much higher than they would have been if the attorney had co-operated. The normal […]
Appointing the right trustees is crucial for families to protect the trust beneficiaries and maximise the benefits to them. This applies in all contexts in which a trust is used, but is particularly relevant when the trust is set up for your family or other people close to you. Often, the trustees chosen will be […]
We are delighted to share the news that Matthew Wrigley received the Presidents’ Award at the Yorkshire Legal Awards. The Yorkshire Legal Awards were held in the presence of 500 lawyers at New Dock Hall in Leeds. Organised by Barker Brooks Communications, publishers of Leeds & Yorkshire Lawyer magazine, The Yorkshire Legal Awards bring together this region’s […]
The BMA Patient Information Special Award for Mental Capacity Resource went to a Headway advice booklet co-written by Wrigleys solicitor Ian Potter. The booklet, published by the brain injury charity Headway, is entitled ‘Supporting People to Make Decisions: Applying the Mental Capacity Act‘ and was co-written by Wrigleys Court of Protection solicitor, Ian Potter. […]
The intestacy rules apply to estates of people who have died without a Will. We summarise the main changes in the law in force from 1 October 2014. What are the intestacy rules? To put it simply, for people who die without a Will, the intestacy rules will determine who receives a share of the […]
Wrigleys is supporting Remember a Charity in Your Will Week 2014 by giving away Remember a Charity chocolates in our reception throughout the week. Running from 8 – 14 September, the aim of the annual Remember a Charity in Your Will Week is to raise the profile of charitable giving in Wills and each chocolate […]
Wrigleys are delighted to be added to the NAT’s specialist solicitor list. The National Autistic Society are a leading UK charity for people with autism (including Asperger syndrome) and their families. Lynne Bradey of Wrigleys comments “I am delighted that Wrigleys has been accepted onto the National Autistic Society’s specialist solicitor list. Our team has lots […]
Should an attorney pay care fees while a dispute about NHS Continuing Care funding is under way? The Court of Protection’s answer in a recent case of OW was clearly yes. In this case, the Court felt that the care fees dispute was really a smokescreen to cover up financial abuse. Members of Solicitors for […]
The Court of Protection returns to the GM case and gives us another reminder of how deputies should not behave. The headline elements of the case were widely publicised in press earlier this year as it concerned two Deputies (Janet Miller and Janet Phyllis Johnson) for Gladys Meek (deceased) who gifted large amounts without authority […]
Figures released by the High Court this week show that claims against executors for mishandling deceased’s estates have tripled over the last year. These court claims are made by beneficiaries of a deceased’s estate. For example, executors fraudulently distribute assets (contrary to the provision to the Will) or even steal from the estate themselves. This highlights […]
The Government has announced a plan to help improve the public understanding of Lasting Powers of Attorney. What is a Lasting Power of Attorney used for? A Lasting Power of Attorney appoints somebody to act for you in the event that you become incapable of making your own decisions – that might be through old […]
In the recent case of AB, the Court of Protection considered the often very difficult question of notifying an absent parent about a Statutory Will In this case, the natural father, who stood to benefit under the intestacy rules, had been violent to AB’s mother and there had been no contact for a number of […]
A new Code that came into force on 1 April 2014, has been introduced to help protect members of the public seeking advice on a Will. Will writing is not a regulated activity in England & Wales, so anyone can set themselves up as a will writer and charge a fee regardless of training or […]
A recent case showed the Court’s dim view of a family’s financial dealings with their elderly mother’s assets & the importance of a Power of Attorney The recent case of JS and KB and MP (Property and Affairs Deputy for DB) showed the dim view the Court will take of family members who do not […]
Trusts for the disabled have undergone important changes recently with a new definition of ‘disabled person’ and a CGT uplift to all disabled trusts. To view the full article click here
Conditional periodic payments in deputyship cases have been a hot topic recently. The logic behind them is that where capacity is disputed and the claimant and defendant cannot agree whether a deputy will be needed in the future or not, the Periodical Payments Order could be structured so that the element of those future costs […]