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    Tag Archives for: "Court Of Protection"
     The making of gifts by attorneys

    The making of gifts by attorneys

    October 30, 2018

    The making of gifts by attorneys regularly crops up in cases before the CoP usually because the attorney has overstepped the mark and retrospective approval is sought or the misbehaviour is so [...]

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       Tax Planning in the Court of Protection

      Tax Planning in the Court of Protection

      September 28, 2018

      The thorny issue of gifts made on behalf of persons who lack capacity has come before the Court of Protection (“CoP”) a number of times over recent years. Most cases have concerned attorneys or [...]

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         Remuneration in relation to deputyship costs

        Remuneration in relation to deputyship costs

        June 5, 2018

        Neil Cawthorn was a solicitor and principle with Neil Cawthorn & Associates (NCA). Mr Cawthorn provided a professional deputyship service through Professional Deputy Services (‘PDS’) which is a [...]

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           Book Review: Financial Abuse of Older Clients: Law, Practice & Prevention

          Book Review: Financial Abuse of Older Clients: Law, Practice & Prevention

          October 31, 2017

          The stated hope for this book is to “add to the debate about the impact financial abuse is having and how solicitors and others can be proactive in protecting their elderly clients.” Ann [...]

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             Statutory Will – ADS v DSM & others [2017] EWCOP 8

            Statutory Will – ADS v DSM & others [2017] EWCOP 8

            July 13, 2017

            This case is particular to its facts and highlights that the making of a statutory Will is to be undertaken on behalf of the P by a COP judge undertaking a best interest approach to decision [...]

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               Advance decisions, Health & Welfare LPAs and the Court of Protection

              Advance decisions, Health & Welfare LPAs and the Court of Protection

              October 27, 2016

              Frances Gibb ran an article in the Times on 26 October 2016 about the revelation by Mr Justice Baker that all cases involving the withdrawal of artificial nutrition and hydration (ANH) should [...]

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               Making Court of Protection work less of a burden….and more profitable

              Making Court of Protection work less of a burden….and more profitable

              March 10, 2016

              An ageing population has seen a rise in the number of people being overseen by the Office of the Public Guardian, and with that a rise in the workload for already busy private client [...]

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                 How complex can restrictions in a LPAs be?

                How complex can restrictions in a LPAs be?

                October 12, 2015

                In this case the Public Guardian (PG) refused to register a Lasting Power of Attorney (LPA) with 8 pages of carefully drafted complex restrictions and conditions. He took the view that most of [...]

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                   Book review: “Urgent Applications in the Court of Protection”

                  Book review: “Urgent Applications in the Court of Protection”

                  June 26, 2014

                  This is the second edition of this book. It has been up-dated to reflect recent cases, and further developments in practice at the Court of Protection. The book focuses on the law and practice [...]

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                     Court of Protection update for practitioners

                    Court of Protection update for practitioners

                    March 14, 2014

                    The scope of the jurisdiction of the Court of Protection (“COP”) is extremely broad: the elderly, the young, the vulnerable all being incapacitated in a variety of ways. Significant advances in [...]

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