Recent media coverage has highlighted cases where families have been prevented from seeing a loved one who lacks capacity in a care home or other placement. These cases can be deeply distressing and often raise understandable questions. Following a recent piece by ITV News, which included an interview with Hanna Whitehead, Associate in the Court […]
The Christmas season often inspires generosity, where you may look forward to giving gifts to your loved ones as an important holiday tradition. However, when acting as an Attorney or a Deputy for someone who lacks mental capacity to manage their own property and finances, you need to be aware that you have limited powers […]
As a parent of a child with disabilities, it can be difficult to navigate management of their financial affairs as they transition into adulthood. This blog aims to explain the options available to help understand what is right for you and your child / young adult. When would you need to take control of your […]
When a person is unable to make decisions for themselves or when a child requires legal protection, the law provides mechanisms to appoint someone to act in their best interests. Two commonly used but often confused terms in this area are deputyship and guardianship. While both involve responsibility for another person, they apply in very […]
In a recent episode (Monday, 28 April) of Coronation Street, Debbie Webster’s whole world turned upside down when she was diagnosed with vascular dementia. Before her formal diagnosis, Debbie experienced symptoms such as forgetfulness, misplacing her possessions, and acting out towards her loved ones. Viewers were confronted with the harsh reality of the disease when […]
Jill McCurdy, Solicitor Partner at Ramsdens has gained membership to the Law Society’s Mental Capacity Accreditation Scheme as an Accredited Legal Representative (ALR), the first to do so at the firm. This is the highest accreditation for lawyers dealing with Health and Welfare cases within the Court of Protection. Representing a range of clients in […]
When acting as Financial Deputy for a protected party (‘P’) it can become necessary to sell P’s property if it becomes unsuitable for their needs or the proceeds of sale are required to finance care or more supportive accommodation. For example, P may need to move into residential care or into an appropriately adapted property. […]
Many families find discussing financial management to be a challenging conversation. However, it is important that the legal options available for financial decision-making are more widely discussed and understood – particularly should a person lose capacity in the future to manage their finances independently. Both Lasting Powers of Attorney (LPA) and Deputyships are legal tools […]
When can a S21A Challenge be made? When a person (often referred to as ‘P’) lacks capacity and is deprived of their liberty under a DoLS (Deprivation of Liberty) authorisation in a care home, they have the right to challenge their DoLS and have these arrangements reviewed. The reasons behind P’s objections do not determine […]
Ramsdens Solicitors is continuing to strengthen its Court of Protection practice with the appointment of Hanna Whitehead as an associate.
In situations where individuals lack the mental capacity to make decisions about their own health and welfare, navigating the legal landscape can be complex and daunting. One avenue for addressing these challenges is through the appointment of a Health and Welfare Deputyship.
All too often, those acting on behalf of ‘P’ (a Protected Person), in making decisions within their best interests, forget the importance of the specific individual of whom we blanket refer to a ‘P’.
Family Care Payments, otherwise termed ‘Gratuitous Care Payments’ may be awarded to family and/or sometimes friends, who provide support and care to a person. Read our blog post to find out more.
The Law Society have recently commented on their efforts to influence the shape and detail of legislation concerning Lasting Powers of Attorney (LPA) and the Mental Health Act for the past 2 years. Read our blog post to find out more.
The recent case of Re A (Covert Medication, Closed Proceedings), [2022] EWCOP 44 within the Court of Protection has offered further guidance on when it may be acceptable for a closed hearing to take place, Read our blog post to find out more.
The OPG have published an update to the existing Deputy Standards which are applicable to both property & financial affairs as well as health & welfare decisions. Read our blog post to find out more.
Within the following guide, the expert solicitors at Ramsdens have explained the DoL authorisation process and when it may be necessary to take more extreme measures.
When someone lacks the mental capacity to make important decisions, there is legal aid available. Read our blog post to find out more.
An issue which many vulnerable individuals face is their risk to financial abuse. Often, individuals with an illness/disorder will have an Attorney, who manages their financial affairs on their behalf.
Here our Court of Protection Partner, Natalie Lang, discusses the differences between Lasting Powers of Attorney (“LPA”) and Deputyships in the management of an individual’s affairs who may lack mental capacity.
The capacity of a donor of an LPA was considered recently in The Public Guardian v RI & Ors [2022] EWCOP 22 as the judge in the case had to examine whether or not the donor had the requisite capacity to execute the LPA back in 2009.
This week, our Care, Family, Abuse and Court of Protection departments have been supporting Kirklees Safeguarding Week (‘KSW’). Here, our Court of Protection team explains how understanding whether someone holds or lacks capacity is integral when in a safeguarding role.
In Chandler v Lombardi [2022], Jason Beer QC found that an Attorney’s lack of knowledge to seek the Court’s permission to make a gift of property was not an adequate defence.
This week our Court of Protection team are supporting Alzheimer’s Society’s Dementia Action Week. The theme this year is diagnosis and the team have produced some helpful signs to look out for…
Over in the charity sector last week the England and Wales High Court passed down a judgment to allow charity trustees to take environmental ideals in to account when investing assets.
STEP has announced that the Office of the Public Guardian (OPG) is changing its guidance in relation to the inclusion of express discretionary investment management clauses in Property and Financial Affairs Lasting Powers of Attorney (LPA’s).
The Office of the Public Guardian have recently published their updated safeguarding guidance and our Court of Protection team have created a useful summary below.
As we continue to support Brain Tumour Awareness Month, our Court of Protection team have prepared a facts guide and examples of situations where they may be able to assist you or a loved one.
Where a loved one loses capacity to manage their financial affairs independently and there is no Lasting Power of Attorney in place then it becomes necessary for an application to be made to the Court of Protection to appoint a Deputy.
The core value of the Dignity in Care campaign is to change the culture of care services by improving the quality of care and experiences received by users of care and support, whether that be in the community or in services such as care homes and NHS hospitals.
