Property and Affairs Report – February 2025 – 39 Essex Chambers
‘In the Property and Affairs Report: revoking Deputyship for a person no longer present in England & Wales.’
39 Essex Chambers, 1st February 2025
Source: www.39essex.com
Category: deputyship
Risk-taking, best interests and health and welfare deputies – Mental Capacity Law and Policy
‘AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning disability, and visual and hearing impairments. At heart, it was a dispute between his mother, who had (in her own words) brought him in a “very alternative way”, and the local authority responsible for his care and placement in a supported living placement. His mother, who described how she had moved away from South Yorkshire some years previously, having experienced harassment, wished him to move to south west England to live with her; Sheffield City Council resisted this.’
Mental Capacity Law and Policy, 20th June 2024
What the Princess of Pop teaches us about Capacity – Belinda Cheney – UK Human Rights Blog
‘I was gripped by the Britney Spears saga. This phenomenally successful pop star was deemed to lack capacity in relation to most aspects of her life and finances for more than 13 years allowing her father full control over her considerable fortune and her person and critically, she was unable to object until the “Free Britney” movement highlighted the rampant injustice of the situation. Only then was she was permitted to appoint her own lawyer and “freed”. In this we consider briefly the similarities and differences between the US conservatorship and the UK deputyship.’
UK Human Rights Blog, 7th July 2022
Source: ukhumanrightsblog.com
The authority of Property and Affairs Deputies – Local Government Lawyer
‘Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.’
Local Government Lawyer, 12th November 2021
Source: www.localgovernmentlawyer.co.uk
What Are Deputyships And What Do They Mean For Our Rights? – Each Other
‘There are two distinct types of deputyship: property and financial affairs deputyship (PFAP) and personal welfare deputyship (PWD). Approximately 375 PWDs and 15,000 PFAPs are applied per year.’
Each Other, 18th August 2021
Source: eachother.org.uk
131: Deputyship Orders in the Court of Protection – Amelia Walker – Law Pod UK
‘Earlier this year Hilder J considered the question of whether a deputy can recover their costs from the protected person’s assets when they have instructed a legal firm with which they are associated. Amelia Walker discusses this judgment, which also outlines the limits of a deputy’s authority, with Rosalind English.’
Law Pod UK, 30th November 2020
Source: audioboom.com
Applications to the Court of Protection: The Notification Process – Family Law
‘The Court of Protection is unable to make a Deputyship order unless the appropriate notification process has been followed by the applicant.’
Family Law, 10th October 2019
Source: www.familylaw.co.uk
