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Court of protection

6 May 2014

Update on cases from the Court of Protection – on gifts, loans and funding for care

Below is a summary on recent cases in the Court of Protection. If you should have any questions in relation to any of the issues raised, please contact a member of our team.

Simon Hardy

10 April 2014

The Mental Capacity Act – reflections and recommendations 7 years on

The Mental Capacity Act (2005) (MCA) came into force in 2007. It is a forward thinking piece of legislation that looked to empower as far as possible people who lack mental capacity. On 13 March 2014, the House of Lords Committee published a report detailing its post-legislative scrutiny of the MCA and recommendations. 

Sameena Munir

28 March 2014

Update on cases from the Court of Protection

A brief summary of recent cases in the Court of Protection;

  • Court of Protection allows woman suffering from dementia to return home
  • Attorney removed by Court for abusing his power
Simon Hardy

13 November 2013

Respecting our elders - Are parents being left out in Inheritance Act claims?

Although the law relating to intestacy and inheritance has been developed to complement societal changes, there still lies areas of potential unfairness, particularly in the case of parents who outlive their children. In this piece, Sarah Playforth discusses the issues.

12 November 2013

Double whammy – when medical negligence compensation awards are squandered

Sadly, the Court of Protection has again recently been in the headlines for the wrong reasons. The much publicised case of Samantha Svendsen highlights the risk of leaving the management of a substantial award of compensation in the hands of an inexperienced family lay Deputy.  The recent conviction of her mother Cathy Watson and her ex-husband Robert Hills almost brings to an end a sorry series of events.  Sentencing is awaited but lengthy custodial sentences are expected.

Simon Hardy

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