News Category: Court of Protection

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Guardianship (Missing Persons) Act 2017: draft code of practice published

The disappearance of a loved one is a deeply traumatic experience for their family and friends. As well as coping with the shock and anxiety of the situation itself, as time passes more practical problems emerge – such as paying bills on behalf of the missing person. The Guardianship (Missing Persons) Act 2017 is intended…

Appointment of personal welfare deputies: Court of Protection clarifies principles

The Court of Protection has set out some helpful guidance on the principles to apply when deciding whether to appoint a personal welfare deputy. Personal welfare deputies can be appointed to deal with decisions concerning personal welfare issues (such as medical treatment, housing, care etc.) which cannot be made by the person who has lost…

A Statutory Will – What is it and when might it be useful?

Most will be aware of the role of a Will; the document in which the individual making the Will sets out their wishes in relation to how they would like their estate to be divided upon their death. It’s a pretty morbid thing to think about “what do I want to happen when I die?”…

Public Guardian issues updated guidance on gifting for attorneys & deputies

To gift or not to gift… A dilemma often faced by an individual’s (“P”) attorney/deputy. Pressure to gift P’s assets can result from the financial difficulties of P’s friends and family, a wish to save inheritance tax, misguided attempts to avoid paying for long term care fees or even directly from P.  An attorney/deputy considering…

Powers of Attorney: Public Guardian fee refund scheme

The Office of the Public Guardian’s (“OPG”) is offering a partial refund of fees to those who paid their registration fees when applying to register lasting or enduring powers of attorney between 1 April 2013 and 31 March 2017. During this period, the OPG’s operating costs came down as more people applied to register a…

5 common mistakes on entering care

There are approximately 430,000 people living in care homes in the UK but for anyone speaking to the relevant statutory bodies at the time of entering care, you could be forgiven for thinking you are the only one.  The fragmented nature of the care system and the benefits system mean that you are rarely provided with…