Contested Court of Protection Applications - protection and care for those who cannot protect themselves.
I believe they have passion and that they think of the person first. They can communicate so well, and with kindness, whilst remaining professional.
Chambers UK 2014
When a person lacks mental capacity to deal with their property and affairs, or health and welfare, their affairs are governed by the Mental Capacity Act 2005.
The Office of the Public Guardian and the Court of Protection oversee the use of Lasting Power of Attorneys and appoint property and affairs/health and welfare deputies where a person has lost mental capacity, but no Lasting Power of Attorney is in place.
If any dispute arises in respect of the affairs of a person who is deemed to have lost mental capacity, our specialist team will, where necessary, work closely with our private client lawyers, which include one of only 60 pre-approved Deputies of the Court of Protection in the country. Together, we provide expert and seamless advice to resolve these often sensitive and distressing matters, robustly protecting our clients’ interests.
We are always happy to talk on an initial no obligation and informal basis so please call Lynsey Harrison on 0113 336 3388 or send Lynsey an email.
Further to the emergency guidance published on 9 April 2020 by the Department of Health and Social Care (“DHSC”) to provide advice regarding the operation of The Mental Capacity Act 2005 (“MCA 2005”) and Deprivation of Liberty Safe…
The Court of Protection team at Clarion remain busy during the coronavirus crisis, working hard remotely to continue to manage the property and affairs of our clients for whom we act as professional deputy, attorney or trustee. The team have had to find …
The Court of Protection (COP) has provided some much welcome guidance on gifts to third parties authorised by Lasting Power of Attorney (LPA) documents. The COP confirmed that the overriding concern is the best interests of the donor, or person making the…
I had the privilege to speak to an audience of professional deputies from across the country at the recent Court of Protection Masterclass hosted by my colleagues from our Court of Protection Costs Team. I spoke about capacity to marry and enter into sexu…
A recent Court of Protection decision has provided additional guidance on the circumstances in which a person holding a Power of Attorney can make gifts to themselves.
