The following Private Client Q&A Produced in partnership with Patricia Wass provides comprehensive and up to date legal information covering:
The Court of Protection may revoke the appointment of a deputy or vary the powers conferred on them if it is satisfied that the deputy has behaved in a way that contravenes the authority conferred on them by the court. The court can remove deputies who act inappropriately and ask for an account and recovery during their lifetime. This would normally be dealt with by the Public Guardian commencing an investigation against the deputy which it is authorised to do and the Public Guardian can ask for a deputy to provide a final account where that deputy has been discharged. If the discharged deputy has died then the substitute deputy can employ a forensic accountant to assist in the completion of the account depending on the complexity of the matter.
Ordinarily, the Court of Protection requires a deputy to put in place a security bond with the premiums being paid from the protected person (P)’s estate, and this can be called in in the event that there is misappropriation of P’s funds. That short circuits the need for the substitute deputy to pursue proceedings against the former deputy. The bond company can then pursue its own proceedings against the former deputy. Save for proceedings in the Court of Protection to call in the bond in the case of abuse by a deputy, proceedings to recover
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On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
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The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
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