Deputies—appointment, duties and powers

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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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20th Oct
Practice notes
Procedure for an application for a non-molestation order—Covid-19In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has...
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16th Oct
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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26th Sep
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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26th Sep
Practice notes
The court’s power to order periodical payments is contained in section 23(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 1,...
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26th Sep
Practice notes
This Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent within financial remedy proceedings,...
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26th Sep
Practice notes
Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their...
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26th Sep
Practice notes
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...
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26th Sep
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 >
26th Sep
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 >
26th Sep
Practice notes
Bar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the expiration of one year from...
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26th Sep
Practice notes
In addition to signposting on Key aspects of family law practice, the following common areas of family law are introduced in this Practice Note (in...
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26th Sep
Practice notes
The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, primarily introducing new...
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25th Sep
Practice notes
Child arrangements orders Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the...
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25th Sep
Practice notes
This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996),...
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25th Sep
Practice notes
By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 25th Sep

Most recent Deputies—appointment, duties and powers content

Practice notes
A protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is medical evidence of incapacity. The...
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25th Sep
Practice notes
For all those appointed by the Court of Protection to act as a deputy for property and financial affairs or health and welfare, either as a lay deputy...
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25th Sep
Practice notes
A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection...
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26th Sep
Practice notes
A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection...
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26th Sep
Practice notes
Brexit impact: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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26th Sep
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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27th Sep
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 28th Sep
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 28th Sep
Q&As
This Q&A covers the position where the sale of the property would be non-contentious.When applying for an order from the Court of Protection to...
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28th Sep
Q&As
See the Law Society Practice Note: Access and disclosure of an incapacitated person’s will, which contains detailed guidance on this Q&A.In...
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28th Sep
Q&As
Deprivation of liberty proceedingsFor information on how to challenge an order restricting someone's freedom or to have the deprivation of P’s liberty...
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28th Sep
Q&As
We are not aware of any other checklists provided for deputies other than the Professional deputy standards checklist referenced in this Q&A.H...
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28th Sep
Q&As
Parental responsibilityFor background, see the Parental responsibility subtopic in the Family module.The section ‘Acquisition by others’ explains that...
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28th Sep
Q&As
It is necessary to consider the procedural requirements, in particular concerning time limits, for making an application to the Court of Protection,...
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Produced in partnership with Kate Selway of Radcliffe Chambers 28th Sep
Q&As
Where the client is under the Court of Protection and the client does not have the requisite capacity to make the application themselves, a decision...
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28th Sep
Q&As
The Court of Protection only has jurisdiction over a person or their assets in the following circumstances (section 7(1), Schedule 3 to the Mental...
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Produced in partnership with Holly Mieville-Hawkins of Enable Law 28th Sep
Q&As
Practice Note: The deputyship order explains that, since the introduction of the Mental Capacity Act 2005 (MCA 2005), deputyship orders are in most...
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28th Sep

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