Decision making in respect of property and affairs

Decision making in respect of property and affairs guidance:

Part of the deputy’s responsibility is making sure that P is receiving all state benefits to which they are entitled. The main benefits for which P is most likely to be...

Practice Note

Digital assets survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that asset, whatever their age....

Practice Note

Deputies appointed in respect of a protected party’s (P’s) property and affairs are frequently involved in the establishment of a care regime. Although a property and...

Practice Note

On the settlement of P's personal injury or clinical negligence case, the deputy must consider how best to invest the damages award. Short term investments The task of...

Practice Note

Settlements Under section 18(1)(h) of the Mental Capacity Act 2005 (MCA 2005), the court has jurisdiction to approve ‘settlement of any of P’s property, whether for P’s...

Practice Note

The principles The decision maker must firstly consider the principles as set out in section 1 of the Mental Capacity Act 2005 (MCA 2005), namely: • the vulnerable person...

Practice Note

Selling, buying and leasing property for P A deputy can be involved in a number of different property transactions on behalf of P depending on their circumstances. This...

Practice Note

What is a statutory Will? Where a person is incapable of making a valid Will for themselves, the Court of Protection has the power under the Mental Capacity Act 2005 (MCA...

Practice Note

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers. Introduction It may be necessary to make an urgent application to the Court of Protection in one of two...

Practice Note
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