Deputies—appointment, duties and powers

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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
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
Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
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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
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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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
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
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
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
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
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
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
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
A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...
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9th Nov
Practice notes
This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...
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9th Nov
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Deputies—appointment, duties and powers content

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 22nd Jan
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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22nd Jan
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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22nd Jan
Q&As
Assessing the suitability of a proposed deputyThere is no formal guidance in the Mental Capacity Act 2005 (MCA 2005) as to who should and should not...
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22nd Jan
Q&As
Practice Note: Choosing the deputy, explains who may make an application for the appointment of a deputy, who may be appointed and the factors the...
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22nd Jan
Q&As
The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance for judges and practitioners offering practical solutions to...
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22nd Jan
Practice notes
DutiesThe duties of court-appointed deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and the Mental Capacity Act 2005 Code of Practice...
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15th Jan
Practice notes
Although the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always the best solution....
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15th Jan
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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Produced in partnership with Thomson Snell & Passmore 15th Jan
Practice notes
The UK’s data protection provisions as from 31 December 2020In the UK from 11pm on 31 December 2020, revised data protection provisions came into...
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Produced in partnership with Craig Ward, of Lundie, of Craybeck Law 13th Jan
Q&As
This Q&A relates to the powers accruing to deputies to engage in litigation on behalf of a patient (referred to as 'P' for the remainder of this...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
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 8th Jan

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