Deputies—appointment, duties and powers

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Practice notes
The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...
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9th Nov
Practice notes
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes
Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
Practice notes
The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...
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9th Nov
Practice notes
Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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9th Nov
Practice notes
A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
9th Nov
Practice notes
Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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9th Nov
Practice notes
Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes
This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...
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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes
The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
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9th Nov
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Deputies—appointment, duties and powers content

Practice notes
Health and care LPAs and deputyships—comparison of attorney and deputy powersA person who makes a lasting power of attorney (LPA) is commonly referred...
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16th May
Practice notes
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...
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16th May
Practice notes
Changing or ending a deputyshipA protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is...
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Produced in partnership with Thomson Snell & Passmore 16th May
Practice notes
Practical first steps on deputyship appointment—property and affairs deputyThis Practice Note provides a practical guide to the initial steps that a...
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16th May
Practice notes
Data protection obligations for attorneys and deputiesThe UK’s data protection provisions as from 31 December 2020In the UK from 11pm on 31 December...
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Produced in partnership with Craig Ward, of Lundie, of Craybeck Law 16th May
Practice notes
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...
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Produced in partnership with Patricia Wass, Holly Miéville-Hawkins and Nikki Bedford of Enable Law, part of the Foot Anstey LLP group 16th May
Practice notes
The deputyship orderOrder appointing the deputyUnless the application and notification procedure give rise to any queries or objections, and provided...
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16th May
Practice notes
Financial LPAs and deputyships—comparison of attorney and deputy powersA person who makes a lasting power of attorney (LPA) is commonly referred to as...
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16th May
Practice notes
Choosing the deputyAlthough the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always...
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16th May
Practice notes
Practical first steps on deputyship appointment—health and welfare deputyThis Practice Note provides a practical guide to the initial steps that a...
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16th May
Practice notes
Application to appoint a deputyAlthough the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this...
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16th May
Q&As
Under section 18(1)(i) of the Mental Capacity Act 2005 (MCA 2005), the Court of Protection may authorise the execution of a Will for P, which, under...
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Produced in partnership with Graham Stott of gunnercooke LLP 15th Mar
Q&As
Duties of court-appointed deputiesThe duties of a court-appointed deputy are set out in:•the Mental Capacity Act 2005 (MCA 2005)•the Mental Capacity...
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24th Feb
Q&As
A solicitor has a common law duty to keep his or her client’s affairs confidential. This extends to the contents of the Will and the instructions...
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Produced in partnership with Adam Draper of Shoosmiths 15th Feb
Q&As
A deputy holds power on behalf of a protected person (someone who is not capable of managing their own affairs) pursuant to an order of the Court of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Feb
Precedents
Dear Dr [insert name of GP]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above...
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14th Feb
Q&As
The scope of a deputy's powers will depend on the terms of the Order by which the deputy is appointed. The deputy is typically given general authority...
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10th Feb

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