Capacity

7 April 2016

The death of a child without a will — is it time to change the law?

As a Court of Protection practitioner acting for many clients with catastrophic injuries it is a sad but unavoidable fact that I will occasionally receive a call advising me of the unexpected death of a client.  When this has happened it affects me deeply, particularly when it involves a child, so I can only imagine what my client’s family is going through.  I like to develop strong relationships with my clients based not just on our professional dealings but also in a personal capacity.  The decisions I take can have a significant impact on their lives and I believe it makes me a better lawyer if I take the time to know my client on a personal level.  As a result, you feel more keenly the loss of a client you have come to know well over a long period of time.

A slightly amended version of this blog appeared on The Times in April 2016.

Simon Hardy

1 April 2016

Court of Protection - challenges and tips for Deputies when buying a property abroad

As a professional Deputy acting for clients with large awards of compensation, either because of medical negligence or personal injury, the purchase of property is an issue I deal with frequently. In most cases, the order appointing a Deputy restricts the authority to buy or sell property without first obtaining the permission of the Court.

In this blog, Simon Hardy looks at the challenges and tips for Deputies when buying a property overseas.

Simon Hardy

16 March 2016

Wills, gifts and inheritance tax planning for Attorneys and Deputies

The ability to make a Will and make gifts to loved ones is something most of us take for granted. One of the most common reasons for doing these things is to reduce the Inheritance Tax (IHT) payable on our death.

22 July 2015

New standards announced for professional and local authority deputies

On 6 July 2015 the Office of the Public Guardian (“OPG”) issued standards of conduct for professional and local authority deputies. The intention to introduce these standards was announced in a report issued by the OPG to Parliament in December 2014 with the aim of setting out what good practice should look like in order to promote good behaviour. This is part of a wider initiative to improve the supervision of court appointed deputies. 

Simon Hardy

18 December 2014

Buying a property for a disabled child or adult

The conveyancing procedure in England and Wales can be daunting, especially if you are acquiring a property that may need to be specially adapted due to requirements of a disabled person’s specific needs, particularly if he/she is lacking mental capacity, and those of his or her family. To help explain the stages of the conveyancing process in respect of such a purchase, we have set out a brief guide to outline the steps involved.

Bethan Owen

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