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 […]
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 […]
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 […]
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 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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
Comment – This is another sad case involving an attorney who seemed to be looking out for his own interests rather than Alma’s. A panel Deputy is now in place and things are being put right. Be careful who you appoint as your attorney! Case Details An attorney who took almost £80,000 from his aunt’s […]
Comment Here we see another sad family dispute. The practice point for us to take from this though is whether somebody who has been acting for one of the parties can switch to a different role and become an independent professional deputy. The answer, quite rightly, is no. There may be non-contentious situations where a […]
No, says the Court. Readers might recall that in March 2015, the Court of Protection had indicated that an application needed to be made to that Court every time the Criminal Injuries Compensation Authority were requiring a trust to be put in place. That point was appealed. The outcome of the appeal is that a […]
In this case an attorney who seems to have taken rather too fluid a view of the interaction between his finances and those of his incapacitated mother was removed by the Court of Protection. Comment Here again we see an attorney who seems to have confused the fact that he was receiving his mother’s money […]
The subject of support payments has been very topical of late and we have seen a number of cases come through to the Court of Protection. This case is a little different because it involves attorneys. Comment There is extremely helpful guidance here from Senior Judge Lush, firstly on the question of mileage, secondly on […]
In this case, there had been concerns about the conduct of one of the sons who was a benefits appointee. Comment This case is reasonably unusual because family circumstances have changed and the local authority, which is normally the Deputy of second last resort before a panel Deputy, did not want to step down. I […]
The subject of what family members should be paid for gratuitous care has been very topical recently. The most recent case gives some guidance. Comment This is another eminently sensible decision from Senior Judge Lush. Readers will be aware that the question of gratuitous care payments has been very much in the mind of the […]
In some ways this case is unremarkable but every instance of financial abuse is sad, particularly so when it is perpetrated by those a parent should be able to trust. I get a sense here that because Alan had gone into a home, his daughters no longer saw his assets as his. In this particular […]
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 […]
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 […]
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 […]
Ten cases were heard before Justice Charles (Deputy president of the Court of Protection) on the same issue: Whether in non-contentious welfare cases where the proposed care arrangements amounted to a deprivation of liberty, should P always be a party? The decision was No. The Cases The ten cases sought Welfare Orders under Section 16 […]
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 […]
Must a person be barred from acting as an attorney if he or she lives outside England & Wales? No says Senior Judge Lush in the case of DGP Law v DGHP (2015 EWCOP 58) Senior Judge Lush referred to ” …technological advances in communications, such as online banking, digital reporting, mobile phone, email and […]
A lady’s choice of executors was given great weight by the Court of Protection in a dispute over who should be appointed as her deputy. PAW has Alzheimer’s dementia. She was cared for at home by her husband but as her condition deteriorated he was not able to care for her and she entered a […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
GM – The Sequel Regular readers of this column will remember the case of GM from April 2013. That case involved two property and affairs deputies who had made a rather spectacular range of gifts, quite a few of which were in favour of themselves and their own family and who had applied to the […]
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 […]
A County Council and MS and RS This month’s first case looks at gifting, but in a different context from the cases we saw last month. The application was made by the local authority deputy for MS. MS had expressed a wish to donate £6,832, 10% of his recent inheritance, to his church, the Church […]
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 […]
In the case of X, Y and Z (by their Children’s Guardian) and a case heard at the same time and concerning the same family, A Local Authority and SA involved a difficult decision about the way in which a personal injury award for a woman should be administered and the extent to which those […]
‘JS and KB, MP (Property and Affairs Deputy for DB)’ is a contrast from our usual fare of late. There have been (too) many cases where attorneys and deputies have been found not to have used money in an appropriate way. In this case, there was no attorney or deputy at the material time, but […]
There have been two recent cases in the Court of Protection involving gifting from personal injury awards. In the first case, X, Y and Z (by the children’s guardian, a local authority), at the Court of Protection hearing for financial issues joined with the family court which was dealing with the issue of where the […]
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 […]
Court of Protection Appeals The case of TA v AA and Knowsley Metropolitan Borough Council [2013] EWCA Civ 1661 provides useful clarification of the way in which appeals should be approached and a warning about the consequences if the procedure is not followed. The particular case concerned a decision on deprivation of liberty but the […]
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 […]
Court of Protection in the news (again) The Court of Protection is rarely out of the news these days it seems. The latest coverage appeared in the Independent on Sunday. The subject in the limelight at the moment is a paper submitted by barristers and solicitors working practising Court of Protection work expressing concern about […]
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 […]
