https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/deputyshipKohanaPHPJemma Garsidehttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/rebuilding-lives-after-brain-injury-the-role-of-the-court-of-protectionFri, 22 May 2026 00:00:00 +0100This week is Action for Brain Injury Week, designed to raise awareness and understanding of acquired brain injury, and to highlight the challenges faced by survivors and their families. This year the focus is on isolation, which is a critical yet often overlooked effect of brain injury.https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/rebuilding-lives-after-brain-injury-the-role-of-the-court-of-protectionSameena Munirhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/making-gifts-and-providing-for-others-needs-opg-guidanceThu, 04 Dec 2025 00:00:00 +0000Making gifts on behalf of a protected party (“P”) can be seen as carrying out their wishes and feelings and/or helping a person closely connected or related to them. However, an attorney/deputy has specific powers which do not extend to making all types of gifts unless authorised by the Court of Protection. If an unauthorised gift is made, the attorney/deputy may face severe penalties including removal of their role, order to immediately return the funds/gift or referral to the police. It is important therefore that the correct procedure is followed before making a gift. The Office of the Public Guardian (“OPG”) recently issued updated guidance about making gifts, which we consider in this blog. The guidance applies to both attorneys and deputies. Reference to deputies in this blog also includes attorneys.https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/making-gifts-and-providing-for-others-needs-opg-guidanceCate Maguire and Sameena Munirhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/capacity-to-enter-into-a-prenuptial-agreementThu, 26 Jun 2025 00:00:00 +0100In this blog we consider whether a pre-nuptial agreement is a good option to help protect the estates of vulnerable individuals in the event that their marriage should come to an end.https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/capacity-to-enter-into-a-prenuptial-agreementLauren Eyrehttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/issues-with-accessing-bank-accounts-as-a-deputyTue, 23 Jul 2024 00:00:00 +0100I recently appeared as a guest on Radio 4’s Money Box, with Paul Lewis, discussing the issues faced by deputies when trying to access and manage bank accounts for those who lack capacity.https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/issues-with-accessing-bank-accounts-as-a-deputyAnita Gill and Lucy Bluckhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/if-my-mother-moves-into-a-care-home-does-she-have-to-sell-her-house-to-fund-her-care-if-ive-lived-with-her-my-whole-lifeTue, 28 Nov 2023 00:00:00 +0000The question of how care for a parent is funded can be a pressing one that has the potential to cause stress and concern. https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/if-my-mother-moves-into-a-care-home-does-she-have-to-sell-her-house-to-fund-her-care-if-ive-lived-with-her-my-whole-lifeJemma Garsidehttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/is-the-law-on-predatory-marriage-going-to-changeWed, 17 May 2023 00:00:00 +0100In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones.https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/is-the-law-on-predatory-marriage-going-to-changeLauren Eyrehttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/issues-with-using-joint-bank-accountsMon, 17 Apr 2023 00:00:00 +0100  Once a deputy/attorney is appointed, whether this be a professional or lay (non-professional), one of the first steps is to register all known accounts held by the person to whom the deputyship/LPA relates, known as “P”. The deputyship Order or registered LPA is sent or taken to the bank and the details for the new deputy/attorney are added to the bank’s system. The account is then registered in the name of the deputy/attorney and P. The new deputy/attorney will have access to the account to use the funds for P and in P’s best interests. The funds do not legally belong to the new deputy and P is still the owner. The account name should be registered as such:https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/issues-with-using-joint-bank-accountsJemma Garsidehttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/vaccinations-for-carersThu, 23 Dec 2021 00:00:00 +0000The UK government introduced new legislation that will require those working in care homes to be double vaccinated against coronavirus. This has been implemented through the Health and Social Care Act 2008 (Regulated Activities) (Amendment) that came into effect on the 11th November 2021. This regulation is applied to England only.https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/vaccinations-for-carersLauren Eyrehttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/financial-abuse-how-to-spot-the-signsMon, 19 Jul 2021 00:00:00 +0100There are several reasons why someone may need the assistance of a financial deputy, stemming from incapacity due to an accident or a consequence of old age. There is however a darker side to this type of work that Court of Protection lawyers are seeing more and more of. This relates to those who have suffered some form of financial abuse and/or undue influence.https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/financial-abuse-how-to-spot-the-signsLucy Bluckhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/capacity-and-undue-influence-protecting-individuals-who-lack-capacity-to-make-their-own-decisionsMon, 02 Mar 2020 00:00:00 +0000The Mental Capacity Act 2005 is designed to protect and empower individuals who may lack the capacity to make their own decisions, whether those decisions relate to their legal affairs, care or something else.      https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/capacity-and-undue-influence-protecting-individuals-who-lack-capacity-to-make-their-own-decisionsSameena Munirhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/making-gifts-for-tax-planning-purposes-on-behalf-of-someone-lacking-capacityThu, 15 Aug 2019 00:00:00 +0100A recent ruling by the Court of Protection means that someone acting as a deputy for a person lacking capacity will in future be able to make gifts on their behalf for tax purposes, even if the person had not engaged in tax planning before losing capacity.https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/making-gifts-for-tax-planning-purposes-on-behalf-of-someone-lacking-capacitySameena Munir and Conor Billeterhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/deputyships-why-wont-certain-companies-speak-with-meFri, 07 Jun 2019 00:00:00 +0100When you are appointed as a deputy by the Court of Protection, you will encounter a number of problems in managing the property and affairs of the person who lacks mental capacity. A common struggle is the difficulty of liaising with employees of regulated institutions.https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/deputyships-why-wont-certain-companies-speak-with-mePrivate Client Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/will-my-children-steal-my-money-when-im-oldMon, 09 Jul 2018 00:00:00 +0100Financial abuse of the elderly is a shame on our nation. That the abuser is often the elderly person’s own offspring, acting under a Lasting Power of Attorney (LPA), is disturbing. And let’s not mince words; we’re talking about children stealing their parents’ money.https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/will-my-children-steal-my-money-when-im-oldLauren Eyrehttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/the-role-of-a-deputy-for-the-elderly-things-to-considerTue, 24 Apr 2018 00:00:00 +0100We may all be affected by loss of mental capacity in our lifetime; whether it is ourselves or a loved one. Illness, accident or even old age can have a devastating effect on our ability, and the ability of people around us, to manage day to day life. So what happens if a loved one, family member or friend loses the ability to manage their own finances?https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/the-role-of-a-deputy-for-the-elderly-things-to-considerSimon Hardyhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/what-makes-a-good-deputyFri, 06 Apr 2018 00:00:00 +0100If only there was a simple answer to this question but it is something I have been musing over. I am a solicitor and a professional Deputy – this is what I do, it is my job, but how do I know whether I am actually good at it? Obviously I would like to think I am, but then again most of us think we are quite good at our jobs don’t we!https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/what-makes-a-good-deputyMedical Negligence and Personal Injury Teamhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/a-short-guide-to-the-accommodation-conundrumFri, 24 Nov 2017 00:00:00 +0000For those hoping for confirmation of what approach the judiciary is going to take now that JR is settled, sadly, this blog cannot provide that. However, this blog does take stock of the current situation, looks at how we got here and tries to offer some insight into where we might be going.  https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/a-short-guide-to-the-accommodation-conundrumPrivate Client Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/powers-of-attorney-too-riskyTue, 22 Aug 2017 00:00:00 +0100The recently retired Senior Judge of the Court of Protection, Judge Denzil Lush, caused a stir on the Today Programme last week by criticising the lack of safeguards in powers of attorney and saying that he would not sign one himself. Judge Lush also contrasted this with the appointment of a professional deputyship as a “safer” alternative. https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/powers-of-attorney-too-riskySimon Hardyhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/its-my-money-why-isnt-my-deputy-listening-to-meFri, 24 Mar 2017 00:00:00 +0000‘It’s my money! Why isn’t my Deputy listening to me?’ is the title of a talk I am giving at Naidex at the NEC in Birmingham next week.  Naidex is Europe's largest trade, professional and consumer show dedicated to the care, rehabilitation and lifestyle of people with a disability or impairment and it takes place between 28-30th March.https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/its-my-money-why-isnt-my-deputy-listening-to-meSophie Cookhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/deputyship-providing-day-to-day-support-in-the-management-of-finances-property-and-affairsWed, 22 Mar 2017 00:00:00 +0000As a Deputy appointed by the Court of Protection, it is our job to manage  the day to day running of the  finances, property and affairs of someone who lacks capacity to do so themselves.  It is the Deputy’s responsibility to act in the best interests of our client at all times and safeguard his/her assets. https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/deputyship-providing-day-to-day-support-in-the-management-of-finances-property-and-affairsSameena Munirhttps://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/providing-daily-support-to-a-deputyTue, 21 Mar 2017 00:00:00 +0000What is so interesting about acting for deputyship clients? How do you get involved in this (still not) particularly well known and yet extremely rewarding area of the law?https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/providing-daily-support-to-a-deputy