Court of Protection

View Private Client by content type:

Latest Private Client News

Featured Private Client content

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...
Read More >
19th May
Precedents
This Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor].This Deed provides:1Revocation...
Read More >
19th May
Practice notes
Trustees—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...
Read More >
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...
Read More >
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...
Read More >
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,...
Read More >
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...
Read More >
19th May
Practice notes
Assessment for residential accommodationCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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,...
Read More >
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...
Read More >
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...
Read More >
19th May

Most recent Court of Protection content

Practice notes
Property transactions involving protected personsSelling, buying and leasing property for PA deputy can be involved in a number of different property...
Read More >
Produced in partnership with Thomson Snell & Passmore 15th Aug
Practice notes
Court of Protection VisitorsThe role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental...
Read More >
15th Aug
Practice notes
Property and financial affairs LPAs and deputyships—comparison of attorney and deputy powersFORTHCOMING CHANGE: The Ministry of Justice and the Office...
Read More >
15th Aug
Practice notes
Property and finance decision making in the Court of ProtectionThe principlesThe decision maker must firstly consider the principles as set out in...
Read More >
Produced in partnership with Patricia Wass of Enable Law 15th Aug
Practice notes
Powers of the Court of ProtectionIntroductionThe powers of the Court of Protection (the court) are set out in the Mental Capacity Act 2005 (MCA 2005)...
Read More >
15th Aug
Q&As
Does an application for a deputyship order have to be made within a certain time period of a COP3 (assessment of capacity form) having been...
Read More >
Produced in partnership with Kate Selway of Radcliffe Chambers 15th Aug
Q&As
Having already applied to the Court of Protection to appoint a deputy, is there a further application that needs to be made to allow for the sale of...
Read More >
15th Aug
Q&As
Can someone with a criminal record apply to be a deputy to the Court of Protection?Practice Note: Choosing the deputy, explains who may make an...
Read More >
15th Aug
Q&As
If a person who lacks capacity resides in India, would the Court of Protection have any jurisdiction to appoint a deputy, if there is potential for...
Read More >
15th Aug
Q&As
The donor of a lasting power of attorney (LPA) gifted a bank account to X under their Will. Does the gift adeem if the donor's attorney under a LPA...
Read More >
15th Aug
Q&As
A is the beneficiary of personal injury trust. A's spouse, B, receives means-tested benefits. Is there any reason why B should not act as trustee of...
Read More >
15th Aug
Q&As
Is it possible to sever a joint tenancy and create a tenancy in common of registered property where the fellow co-owner lacks mental capacity?Practice...
Read More >
15th Aug
Q&As
Can a court appointed deputy have parental responsibility? Can a court appointed deputy open a JISA?Parental responsibilityFor background, see the...
Read More >
15th Aug
Q&As
What happens where an individual lacking capacity is not happy with the professional deputy proposed by their family?See Practice Note: Choosing the...
Read More >
15th Aug

Popular documents