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Q&As
We refer you to Practice Note: Costs and expenses in the Court of Protection, which explains that professional fees incurred on behalf of P may be...
22nd Jan
Q&As
Where an individual is in receipt of damages following a personal injury (PI) claim, the court (either the Court of Protection or the court hearing...
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...
22nd Jan
Q&As
Practice Note: Severance of a joint tenancy sets out the various ways in which severance can occur (including severance by statutory written notice...
22nd Jan
Q&As
Where an investment is held by two people as joint tenants, on the death of one of the parties, the investment passes to the survivor absolutely.If...
Produced in partnership with Catherine Fuller of Thomson Snell & Passmore LLP 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...
22nd Jan
Q&As
It is important to consider the rights of the tenant, the common law and statutory assumption of capacity and the formal tests for mental capacity...
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...
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...
22nd Jan
Q&As
Under section 1 of the Mental Capacity Act 2005 (MCA 2005) there is a presumption that a person has capacity unless proved otherwise. The test as set...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.14 makes provision for a respondent in proceedings for a matrimonial order to file their...
22nd Jan

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