Court of Protection

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Precedents
This partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
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19th May
Precedents
This Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor].This Deed provides:1Revocation...
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19th May
Practice notes
Trustees—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...
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19th May
Q&As
At what stage and to whom can a Deed of Appropriation take place when selling a second property in an estate?We assume you refer to the situation when...
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19th May
Practice notes
Creation of trusts—blind trustsWhat is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May
Practice notes
The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response  to the Law Commission’s report of 14 September 2017,...
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19th May
Practice notes
Relief for income tax lossesReliefs entitle taxpayers to reduce the amount of income tax payable. When calculating liability to income tax, a taxpayer...
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19th May
Practice notes
Assessment for residential accommodationCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus...
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19th May
Q&As
Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?Life tenantsA life...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes
Capacity to litigateOn the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without...
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19th May
Practice notes
Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
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19th May
Practice notes
Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...
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19th May
Practice notes
Acceptance in Lieu scheme and other heritage property reliefsSTOP PRESS: HMRC has updated its guidance on calculating the special price in Acceptance...
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19th May
Practice notes
Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...
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19th May
Practice notes
Offshore trusts—offshore income gains (OIGs)Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are...
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19th May
Practice notes
Trust disputes—court jurisdiction and procedureTrust litigation has been classified as being of three types:•a dispute as to the trusts on which...
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19th May

Most recent Court of Protection content

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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18th Aug
Practice notes
Court of Protection—reconsideration and appealsIntroductionThis Practice Note sets out when decisions made by the Court of Protection can be...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 18th Aug
Practice notes
Deprivation of liberty court procedureThis Practice Note covers two forms of court procedure that arise in deprivation of liberty cases:•applications...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 18th Aug
Practice notes
Instructing psychiatrists in the Court of ProtectionNote that this Practice Note does not address specific practice alterations caused by the...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 18th Aug
Practice notes
Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...
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18th Aug
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 18th Aug
Practice notes
Court of Protection—permission to applyFor certain applications to the Court of Protection (the court), the applicant used to have to obtain...
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18th Aug
Practice notes
Public Guardian and Court of Protection fees and fixed costsFees for applications to the Office of the Public GuardianThe fees to be paid in respect...
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18th Aug
Practice notes
Statutory Wills—Court of Protection applicationsWhat is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court...
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18th Aug
Q&As
Is it possible to amend a deputyship order that provides for costs to be fixed to be costs assessed instead?Under the Court of Protection Rules 2017...
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Produced in partnership with Graham Stott of gunnercooke LLP 18th Aug
Q&As
Can a Scottish Guardianship Order be used in relation to the sale of a property situated in England?The international jurisdiction of the Court of...
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18th Aug
Q&As
What is the procedure to approve an Israeli order for guardianship in the UK? The protected person lives in Israel but the assets are situated in the...
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18th Aug
Q&As
Where the sister of ‘P’ wishes to apply to the Court of Protection for an order authorising the execution of a statutory Will on behalf of P, does the...
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18th Aug
Q&As
Is it possible to apply to the Court of Protection to have an Indian deputyship/guardianship order recognised in the UK?An application in accordance...
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Produced in partnership with Graham Stott of gunnercooke LLP 18th Aug
Q&As
Where both co-owners of a property have lost mental capacity, what steps need to be taken in order to sell the property?We refer you to COP GN2...
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18th Aug

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