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The recently published X NHS Foundation Trust v RH [2024] EWCOP 150 judgment concerned an application by an NHS Trust (‘the Trust’) for declarations that it was in RH’s best interests to receive urological surgery under general...
In a recently published judgment, the Court of Protection considered the question of how a property and affairs deputy should approach the issue of whether to inform P of the value of their civil litigation settlement. PSG TC Ltd v CK & Anor [2024]...
The recently published Manchester University NHS FT v Y [2023] EWCOP 51 judgment concerned an application to determine whether Y had capacity to consent to surgery to his shoulder and, if he lacked capacity, whether the proposed surgery was in his best...
Stats revealed by the BBC recently suggest that fewer than 1 in 10 patients in North West hospitals who are medically fit for discharge are actually able to leave due to a lack of beds in other settings. Research found that the North West was the worst...
The recently published North Middlesex University Hospital NHS Trust & Anor v MB [2023] EWCOP 23 concerned a 26-year-old woman, ‘MB’ who was 37 weeks pregnant and shortly due to give birth to her first child. MB was detained in hospital...
A new BBC drama ‘Best Interests’ aired recently, highlighting the difficulties that can be faced when a best interests dispute occurs and attracting debate as to who should have the final say in such decisions. Sophie Holmes, solicitor in...
The case of A Local Authority v MF & Ors [2022] EWCOP 54 , which was recently published on the National Archive, concerned a 40-year-old man ‘M’ with a diagnosis of moderate learning disability and schizoaffective disorder. An application...
The Mental Capacity Act 2005 is the legal framework which allows decisions to be made on behalf of people who lack the mental capacity to make the decision themselves, including decisions to deprive a person ‘P’ of his or her liberty. ...
The recent case of Lancashire and South Cumbria NHS FT and Lancashire CC v AH [2023] EWCOP 1 concerned a 46-year-old woman (‘AH’) with a diagnosis of type one diabetes, mild learning disability and suspected borderline personality...
A deprivation of liberty occurs when a person (P) has their personal freedom restricted. This could be because of their care package, to meet their care needs and keep them safe (for example in a locked care home). Article 5 of the European Convention...
The recent case of A Mental Health Trust v BG [2022] EWCOP 26 concerned a 19-year-old woman (BG) with a primary diagnosis of anorexia nervosa, and the decision to withdraw clinically assisted nutrition and hydration (CANH). From an early age, BG had...
It is a common misconception that Probate will not be required when a person has passed away leaving a valid Will. In fact, the requirement for Probate depends on the type of assets in the estate, the value of these assets and the way in which they...
Plans to make applying for Grants of Representation more accessible and streamlined were introduced by the UK Government in 2017 and applications via the MyHMCTS portal, an online case management tool for legal professionals, became mandatory in November...
If you are appointed in a Will as an ‘executor’, you may find that you have to apply for a Grant of Probate before you are able to deal with their assets. If family member has passed away without leaving a Will , it may be up to you to obtain...
The effects of the Covid-19 pandemic on indoor visiting for care homes has made the news again in recent weeks as the government introduced measures to allow care home residents one visitor, as a part of the easing of lockdown restrictions in England...
Planning for the future and certainly planning for when we die can be a daunting exercise and something that many people feel that they can put off until further down the line. Some people do not like the idea of ‘tempting fate’ and prefer not...
What do I need to do as the personal representative? If you are an executor of a Will or if you are administrator where somebody has passed away without leaving a Will , you are legally responsible for administering their estate. This means that you...
