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Court of protection

4 December 2025

Making gifts and providing for others’ needs – OPG guidance

Making 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.

Sameena Munir

26 June 2025

Capacity to enter into a prenuptial agreement

In 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.

Cate Maguire

22 May 2025

Empowering entrepreneurship – a young man with cerebral palsy and his journey to business ownership

This case study highlights the inspiring journey of a young man, Louis who was born with cerebral palsy (CP) and with the support of his Deputy, Deputyship team and family has transformed his passion for dogs into a small business, overcoming numerous challenges and creating a successful venture. His story not only exemplifies the power of perseverance and support but also showcases how individuals with disabilities can thrive in the business world with the right resources and mindset.

Sophie Cook

21 May 2025

Action for Brain Injury Week – fluctuating capacity

The 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.

Katherine Pymont

13 February 2025

Capacity to make a Will (“Testamentary Capacity”)

For a Will to be valid, amongst other things, the person making the Will (known as the “testator”) must be of “sound mind”.

Simon Hardy

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