Category Archives: Court of Protection

Anorexic To Be Fed Forcibly – A Common Sense Judgement?

Anorexic to be fed forcibly if necessary An anorexic is to be fed forcibly if need be, to save her life, a Court of Protection judge has ruled.  The judge felt that it was in the best interests of the lady … Continue reading

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Court of Protection – easing straightforward decisions

Court of Protection Consultation The Government has published a consultation paper on proposals that some straightforward applications to the Court of Protection should be delegated to authorised court of protection officers. At present, all applications to the court of protection … Continue reading

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This could happen to you…

Pure Power – the Court of Protection Bear in mind that you are a trip, a burst blood vessel or a car accident away from being under the jurisdiction of the all powerful Court of Protection. Remember that when you … Continue reading

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Lasting Powers of Attorney Restrictions

Severance of restrictions incompatible with a Lasting Power of Attorney A Court of Protection decision made in the case Re Parsonage (an order of the Senior Judge made on 1 April 2011) The donor of an Lasting Power of Attorney inserted … Continue reading

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Joint & Several Attorney Problems

Problems with Joint & Several Attorney Appointments. 1) Re Hartup (an order of the Senior Judge made on 28 October 2010) The donor appointed two attorneys, A and B, to act jointly and severally, and two replacement attorneys. He then … Continue reading

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Joint Attorneys Yet More Problems

Severance of restrictions incompatible with a joint attorneys appointment 1) Re Clarke (an order of the Senior Judge made on 18 November 2009) The donor appointed three attorneys, A (his wife), B, and C, to be his attorneys. They were … Continue reading

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Joint Attorneys: More Problems

Joint Attorneys. Re Lan (an order of the Senior Judge made on 10 August 2010) The donor appointed two attorneys to act jointly and severally. She then imposed the following restriction: “Any major decisions should be discussed between my attorneys … Continue reading

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Lasting Power of Attorney Restrictions

Lasting Power of Attorney Restrictions – more problems. Lasting Power of Attorney Restrictions: re Bratt (an order made by the Senior Judge on 14 September 2009) The donor appointed two attorneys, A and B, to act jointly and severally, and … Continue reading

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Majority Decisions From Attorneys?

Majority Decisions From LPA Attorneys – Legal or Not? Majority Decisions? Re P Crook (an order of the Senior Judge made on 2 July 2010) The donor appointed one primary attorney and three replacement attorneys, the latter to act jointly … Continue reading

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Court of Protection – Civil Servants to Replace Judges

In effort to speed up decision making at the Court of Protection, Civil Servants will received delegated powers to make some decisions previously made by Judges. Continue reading

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