Private Client analysis: In the latest case to deal with the challenges posed by fluctuating capacity, the Court of Protection (Mrs Justice Theis) granted anticipatory declarations sought by a local authority regarding the care of KZ, a profoundly deaf young man. Where KZ’s capacity fluctuated but the periods of incapacity were clear, such anticipatory declarations were the most appropriate response. An earlier assessment that KZ totally lacked capacity had failed to take account of his needs as a deaf person. Written by Kyle Bonnell, pupil at XXIV Old Buildings.
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Statutory Wills—Court of Protection applicationsWhat is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court of Protection has the power under the Mental Capacity Act 2005 (MCA 2005) to direct that a Will should be executed on their behalf. Such Wills are
Letter to GP or other appropriate assessor to complete COP3 in connection with deputyship applicationDear [insert name of GP or other appropriate capacity assessor]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above named is your
Deputyship returns and accountsFor all those appointed by the Court of Protection to act as a deputy for property and financial affairs or health and welfare, either as a lay deputy or a professional deputy, there is a requirement to complete an annual return to the Office of the Public Guardian
Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new application to the court. In addition, fees are payable to the supervisory body, the Office of the Public Guardian (OPG). Where a professional is appointed to
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