Although the case below concerns a vulnerable young adult, the criteria for assessing whether someone has capacity to access the internet safely is also relevant to other vulnerable groups, such as elderly LPA donors, who may be financially or emotionally exploited online. It will also be of general interest to deputies and attorneys who may…
Appointing a Court of Protection deputy to manage the affairs of someone who lacks mental capacity is intended to ensure that the needs of that vulnerable person are met and that their best interests are protected. However, those close to a vulnerable person may not always agree about the actions a deputy is taking or…
If you need to buy or sell property on behalf of someone who has lost the capacity to manage their own affairs, you will normally need to apply to the Court of Protection for permission to do so. Even if you are already acting as a Court of Protection deputy for the person without capacity,…
When someone loses the mental capacity to manage their affairs, the Court of Protection will usually appoint a close relative or friend to act as their deputy, with the authority to manage their finances and/or decisions about their health and welfare. However, there are sometimes circumstances where it is more appropriate to appoint a solicitor…
When acting as a Court of Protection deputy, you will normally only have limited authority to make gifts from the estate of the person whose affairs you are managing. If you need to make a substantial gift, you will need to apply to the Court of Protection for specific permission to do so. Our Court…
A key principle of writing a Will is that the Will-maker (the ‘Testator’) must be ‘of sound mind’. This means that they must have the mental capacity to make informed decisions about how their estate will be dealt with when they pass away and to fully understand all of the consequences of the Will being…
A Power of Attorney can be essential when managing the affairs of a loved one without the mental capacity to make important decisions about their health, welfare or finances. However, if the Power of Attorney was created in another jurisdiction (i.e. outside England and Wales) it may not automatically be accepted by people and organisations…
Tayntons hosted their fourth Court of Protection seminar at The Chase Hotel on Thursday 3rd November 2016. This is a bi-yearly event that has proved to be very successful with not only other lawyers but medical professionals and care homes personnel for both young and old. The speakers were our very own Janine Guthrie who give…
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