Expert Comments

Blog

Deputies – Do you require the Court’s approval to make a gift?

You may be a deputy or attorney who is managing money on behalf of a person who lacks mental capacity but has more money than they need. In these circumstances,...

May 26, 2016
Blog

Family care payments and deputies

It is becoming more and more common for family members to provide informal care for those who lack mental capacity. This can be anything from cooking meals, washing, hoisting and...

May 24, 2016
Opinion

24 Hours in A&E puts dealing with diminished mental capacity in the ‘spotlight’

This week’s episode of 24 hours in A & E gave us a perfect illustration of how the Mental Capacity Act should work in practice. Barrie was a 78 year...

May 23, 2016
Blog

Deputies as Employers – No option to opt out

The new pension regulations came into force following the provisions of the Pension Act 2008 requiring all employers to put in place a workplace pension scheme which automatically enrols any...

April 29, 2016
Blog

PI claims for clients who receive benefits

There are a number of issues which effect clients who are receiving means tested benefits or who may claim means tested benefits in the future. The same issues apply to…

March 15, 2016
Blog

Common pitfalls when sending out damages to a vulnerable PI client

Vulnerable clients Most personal injury practitioners will have acted for a variety of vulnerable clients. This article examines the risks involved in paying out damages awards to vulnerable clients. Vulnerable…

March 14, 2016
Opinion

The Court of Protection opens its doors

From January 2016 the Court of Protection opens its doors, in a 6 month pilot scheme, to the public and the media for the first time. Only in exceptional cases…

January 26, 2016
Blog

Making Wills on a Second Marriage

A large number of probate disputes arise in cases where there the deceased is married but has children from an earlier marriage or relationship. Disputes over estates can easily be…

November 30, 2015
Blog

When can a deputy make gifts from deputyship funds?

The power to make gifts is set out in the deputyship order, and is usually limited to: Gifts made on certain occasions such as birthdays, Christmas and weddings to family…

November 24, 2015
Blog

Who should act as deputy?

If a person lack sufficient mental capacity to manage their own finances, the Court of Protection will appoint a finance deputy to look after their financial affairs for them. The…

November 16, 2015
Blog

Why is a professional deputy necessary?

When a child recovers a substantial compensation award, the court prefers to have a professional deputy in place at least for the first few years. Often the parents are keen…

November 9, 2015
BACK TO THE TOP