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:

Send us an enquiry
Close
February 2020

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 […]

January 2020

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 […]

January 2020

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 […]

January 2020

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 […]

October 2019

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 […]

September 2019

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 […]

August 2019

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 […]

August 2019

The Office of the Public Guardian has just published guidance on how it deals with safeguarding concerns. Court of Protection expert Lynne Bradey explores the guidance note.

June 2019

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 […]

June 2019

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 […]

May 2019

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 […]

March 2019

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. […]

October 2018

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 […]

April 2018

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 […]

February 2018

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 […]

February 2018

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 […]

February 2018

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 […]

January 2018

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 […]

July 2017

This will be interesting reading, because it may not be widely known that everyone involved in an investigation and interviewed can see a report. This has the potential to cause some ructions!

March 2017

The Office of the Public Guardian (OPG) published new guidance on 3 March 2017 for professionals who are appointed to act as an individual’s attorney under an LPA.

March 2017

This Law Society guidance has been eagerly awaited by solicitors and other professionals.

The practice note is available here which includes a very useful flow chart and precedent letters.

December 2016

A short list of tips to pass on to your clients that should make a helpful difference to them and their trustees and also earn you some brownie points along the way

August 2016

Professional deputies will need to follow the new guidance closely when claiming deputyship general management costs as the OPG and SCCO tighten up the costs regime.

July 2016

This guide provides up to date care and support advice and information for people in Sheffield

May 2016

The Public Guardian has issued new guidance about gifting for someone acting as a deputy or attorney.

May 2016

Please click on the image to read more about: What is the test for mental capacity? What should happen if a person lacks capacity to make a decision? How do you define ‘best interests’? …and much more. Full details here

Load more
15 Jul 2020

Government announces new Plan for Jobs in response to the Coronavirus crisis

Plans include a Job Retention Bonus for employers who keep on furloughed staff and opportunities for young people.

14 Jul 2020

Does work undertaken before a “start date” count towards continuity of employment?

Recent case highlights the difference between working under a contract of employment and ‘collateral work’.

14 Jul 2020

**Cohousing series**: planning slowdown allows time for reflection

Follow our solicitor as she develops her own cohousing project.