Private Client analysis: Her Honour Judge Hilder determined that the Court of Protection did have jurisdiction to determine a dispute over the claimant’s deputy’s release from reverse indemnity undertakings, on the basis that this was the method of resolution the parties had agreed to in the settlement agreement that provided for the reverse indemnity undertakings, albeit she doubted whether it was ‘right’ for civil disputes to be brought to the Court of Protection in this way. She also considered the potential tension in the Court of Protection’s role in such cases and adopted an approach to determining the dispute that aimed to ameliorate that tension whilst maintaining the Mental Capacity Act 2005 (MCA 2005)—mandated focus on P’s best interests. Written by Katherine Hampshire, barrister at Serjeants’ Inn Chambers.
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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
Deputyship—the deputy’s duties and powersDutiesThe duties of court-appointed deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and the Mental Capacity Act 2005 Code of Practice (MCA 2005 Code of Practice). In addition, the Office of the Public Guardian (OPG)’s deputy standards set out
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