https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/court-of-protection-disputesKohanaPHPKatherine Pymonthttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/action-for-brain-injury-week-fluctuating-capacityWed, 21 May 2025 00:00:00 +0100The Child Brain Injury Trust reports that every 90 seconds, someone in the UK is admitted to hospital with an acquired brain injury, and every 15 minutes, a child in the UK acquires a brain injury. While many will make a full recovery, for others, this may impact on their ability to make certain decisions as adults.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/action-for-brain-injury-week-fluctuating-capacitySophie Masshttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/privacy-series-part-two-court-of-protection-an-open-secretThu, 04 Jul 2024 00:00:00 +0100Once referred to as a “secret court”, the Court of Protection is increasingly limiting its privacy and is arguably becoming more open. https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/privacy-series-part-two-court-of-protection-an-open-secretAnna O’Carrollhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/making-a-will-following-a-diagnosis-of-dementia-and-avoiding-validity-challengesFri, 17 May 2024 00:00:00 +0100It is sometimes assumed that a will cannot be valid if it was made by a person who suffers from dementia. However, many people retain capacity to make a will for a significant period following their diagnosis.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/making-a-will-following-a-diagnosis-of-dementia-and-avoiding-validity-challengesAnna O’Carrollhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/challenging-the-registration-of-a-lasting-power-of-attorney-based-on-lack-of-capacityWed, 07 Dec 2022 00:00:00 +0000People often consider executing a Lasting Power of Attorney (“LPA”) when they reach their later years, and their chances of suffering from a condition which may affect their cognitive ability increases. It is necessary for a donor (the person granting the LPA) to have capacity at the time it is signed pursuant to section 9(2)(c) of the Mental Capacity Act 2005 (“the 2005 Act”). If someone’s capacity has started to fluctuate, this can result in uncertainly as to whether the LPA was validly executed.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/challenging-the-registration-of-a-lasting-power-of-attorney-based-on-lack-of-capacityKatherine Pymonthttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/recovering-assets-misappropriated-by-an-attorney-or-deputyWed, 09 Nov 2022 00:00:00 +0000People with dementia are at higher risk of financial abuse and in our experience, the majority of allegations of financial abuse and misappropriation of monies against vulnerable individuals are against the very people trusted to look after their affairs. Sadly, the volume of those allegations is on the rise.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/recovering-assets-misappropriated-by-an-attorney-or-deputyLaura Phillips TEPhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/red-flags-to-look-for-when-spotting-financial-abuseTue, 24 May 2022 00:00:00 +0100Mental Health Awareness Week, with its focus this year on the theme of loneliness, is a timely reminder of our duty to protect loved ones and elderly clients who might be vulnerable to financial abuse and undue influence.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/red-flags-to-look-for-when-spotting-financial-abuseKatherine Pymonthttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/looking-out-for-financial-abuse-of-the-vulnerableFri, 04 Jun 2021 00:00:00 +0100 Financial abuse of older and vulnerable adults is sadly becoming more prevalenthttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/looking-out-for-financial-abuse-of-the-vulnerableKatherine Pymonthttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/abuse-of-power-of-attorney-the-importance-of-staying-vigilant-in-the-current-covid-19-climateWed, 08 Apr 2020 00:00:00 +0100The self-isolation and social distancing bought about as a result of the coronavirus pandemic leaves the elderly and incapacitated even more vulnerable to financial abuse. It is has been well reported that fraudsters are seeking to take advantage of the current situation whether via the internet, on the phone or in person but it also seems likely that this period will sadly see a rise in abuse of power of attorney by those closer to home.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/abuse-of-power-of-attorney-the-importance-of-staying-vigilant-in-the-current-covid-19-climateAnna O’Carrollhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/court-of-protection-update-when-is-it-in-ps-best-interests-to-terminate-a-pregnancyWed, 17 Jul 2019 00:00:00 +0100The Court of Appeal has handed down judgment in the much publicised case of Re: AB (Termination of Pregnancy)[2019] EWCA CIV 1215.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/court-of-protection-update-when-is-it-in-ps-best-interests-to-terminate-a-pregnancyKatherine Pymonthttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/abuse-of-power-of-attorney-safeguarding-against-the-increasing-threatFri, 30 Nov 2018 00:00:00 +0000Last month it was reported by the BBC that a consultant psychiatrist, Zholia Alemi, had been found guilty of four fraud and theft charges (and subsequently jailed for five years) having “redrafted [an elderly patient’s] will and fraudulently applied for power of attorney” in an effort to benefit from her estate. Alemi is said to have met the patient at a dementia clinic.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/abuse-of-power-of-attorney-safeguarding-against-the-increasing-threat