Blog

Our Court of Protection team have been following the progress of the #FreeBritney movement since earlier this year.

Safeguarding Adults Week encourages different organisations to join forces to highlight important safeguarding issues. This year’s overarching theme is “Creating Safer Cultures.” By promoting safer cultures, we are all working together to adopt proper policies and procedures to allow safeguarding concerns to receive effective responses.

As part of Safeguarding Adults Week 2021, the Ann Craft Trust aim to cover a number of topics and one of those is adult grooming.

The episode ‘For Richer, For Poorer’ on BBC Sounds aims to cover the vulnerabilities that adults with Dementia may face when entering into a marriage. Datshiane Navanayagam, who regularly reports for BBC and Channel 4, spoke to a number of families who had been the subject of a ‘predatory marriage’.

The recent case of BU, Re [2021] EWCOP 54 concerns a lady (BU) who is 70 years old and suffers from vascular dementia. BU had been in a relationship with a man (NC) for 5 years. During this time, a number of family members raised concerns that NC was coercively controlling BU.

Our last blog discussed the #FreeBritney movement and the need for court oversight. This blog discusses the progress made since the #FreeBritney documentary which aired earlier this year. Those who have followed the #FreeBritney movement are aware that the purpose was to bring light to the Conservatorship which Britney was subject to.

We are all aware of the damaging after effects that can be caused by contracting Covid-19. In the worst case scenario, a person may lose function of vital organs and in some cases, be left with brain damage and/or paralysis.

August marks National Road Victim Month which aims to raise awareness for victims of road accidents and highlight the support they require following injury.

Loneliness Awareness Week will take place from 14th to 18th June. The awareness week is hosted by Marmalade Trust who are a loneliness charity whose goal is to build greater awareness and acceptance of loneliness. The purpose of the awareness week is to get people talking to help ourselves and others manage the feeling of loneliness.

A new report published by the Care quality Commission has found that over 500 people have had their human rights breached as a result of healthcare workers failing to make the proper considerations required to make the orders.

Jodie Wielgus, Partner in our Private Client department, has featured on SheerLuxe giving her professional opinion on putting elderly parents in full-time care, which can be a hugely emotional and financially difficult time for families.

It is well known that Kate Garraway’s husband contracted Covid-19 at the beginning of the pandemic in March 2020.

A documentary recently aired which focused on the ‘Free Britney’ movement. Britney Spears is subject to a Conservatorship in the US which is the UK equivalent of a Deputyship. Britney’s father, Jamie Spears, applied to the court to become the Conservator for his daughter in 2008 following a decline in her mental health leading to ‘psychiatric hold’ in hospital.

We often stress the importance of planning for the future and preparing a Lasting Power of Attorney so that if there becomes a time that you are unable to, there are people with legal authority, to make decisions on your behalf surrounding your financial affairs, health and welfare or both.

Where it has been established that your parent lacks capacity to consent to the vaccination, you should firstly consider whether or not you have authority to make decisions regarding your parents welfare either under a Lasting Power of Attorney or the old style Enduring Power of Attorney.

With Christmas around the corner, this is often a question asked by lay Deputies who have been appointed by the Court of Protection to manage P’s financial affairs.

​Natalie Lang, a Partner in the Ramsdens Solicitors Court of Protection team, on Friday (4 December) took part in the Alzheimer’s Society ‘Elf the Boss Day’.

The recent case of NHS Trust v AF and ANOR [2020] can be used as a prime example of how a Health and Welfare Power of Attorney could have resulted in a different outcome for ‘P’.

Yesterday (12 Nov) we held the first of a series of webinars focusing on protecting our vulnerable and elders. ​

Almost 11,700 people are diagnosed each year with a primary brain tumour, with 5,000 people losing their lives each year. At least 102,000 children and adults are estimated to be living with a brain tumour in the UK currently.

The claimant in this case, Charlotte Swift (CS), was involved in a car accident resulting in serious injuries and later leading to amputation of her left leg and subsequent surgery.

​The Mental Capacity Act 2005 (MCA) was established by the Court of Protection with the aim to protect individuals that lack mental capacity.

Experts from Ramsdens Solicitors are to present an expert webinar for Private Client Practitioners on Thursday 12 November 2020.

​The judgement in Re ACC & Ors [2020] was handed down by Her Honour Judge Hilder earlier this year.

In the last two years, the number of children who have had restrictions placed on their freedom has tripled in England and Wales. This includes Deprivation of Liberty orders, which are being increasingly used to detain children in situations where appropriate accommodation cannot be found.

​The review on Legal Aid has restarted following a pause induced by the impact of COVID-19. Justice Minister, Alex Chalk, informed the All-Party Parliamentary Group on Legal Aid that the review has re-commenced with a plan to publish findings in Spring 2021.

​There is little doubt Covid-19 has caused many issues for families all over the world. We are having to deal with problems that we didn’t know existed only a few months ago. The current pandemic was unimaginable and as a result, people have not had time to plan for a worst case scenario.

​We were recently involved in an unusual and important case to execute a Statutory Will for one of our client’s (‘P’). It became apparent that the most recent Will made by P had been made in secret under undue influence (whereby a person ‘P’ is induced to act otherwise than by their own free will or without adequate attention to the consequences).

A Deputy, appointed to manage P’s property and finances where they lack capacity to do so themselves, must submit a report to the Office of the Public Guardian (OPG) on an annual basis. The report allows the Deputy to account for their actions/any decisions made on P’s behalf during that reporting period.

Ramsdens’ Court of Protection team held their annual CoP Conference supported by a panel of experts on the 28 November 2019.