court of protection

Freeths is excited to announce that in recognition of its National Court of Protection experience and expertise, their highly regarded legal team has been shortlisted for this year’s Court of Protection Team of the Year Award at Today’s Wills & Probate Awards. Today’s Wills & Probate is one of the leading sources of information for wills and probate […]

Solicitor attorneys acting as litigants in person, risk being unable to recover their legal costs a recent Court of Protection decision has confirmed. In JMH v CFH [2020] EWCOP 63, the Court determined a solicitor was unable to rely on the historic Chorley principle, which entitles lawyers acting on their own behalf to claim the […]

A recent Court of Protection case (A county council v LW and another) [2020] involved a 60 year old woman detained under the Mental Health Act 1983 in an emaciated condition and with extremely poor personal hygiene. The facility at which she was detained was not equipped for her needs and the Court needed to […]

The recent decision of Master Whalen in the case of Re PLK, Thakur, Chapman & Tate (SCCO Refs: 13080340, 12177963, 11775290 and 11620036) is a landmark decision to be welcomed not only by Court of Protection practitioners, but all those litigating on behalf of protected parties. The case involved a detailed look at the application […]

Litigation friends are required when a person lacks capacity to participate in court proceedings.  That will be because that person is (a) a child [under the age of 18] or (b) lacks the mental capacity to be involved with or without a solicitor [known as a protected party]. Litigation friends are often a parent, family […]

Wills are made by individuals every day to set out their wishes for their affairs and assets in the event of their death.  We are all familiar with the meaning of a will, and the common movie trope of a family crowding into a lawyer’s office for a controversial ‘will reading’ (that doesn’t happen, by […]

Join Freeths and Thomas Entwistle from 5 Stone Buildings for an exciting Court of Protection webinar. We will discuss what Re:ACC means in practice, and examine gifting by attorneys. You will also hear first hand from one of our Court appointed deputies about how she has assisted clients in the management of their affairs in […]

The majority of the population are well aware of the need to have a valid up to date Will to cover the inevitable event of their death. What is less commonly known is the need to ideally have in place a formal document for what would happen if they were unable to look after themselves […]

An application to be appointed as a Property and Financial Affairs and/or Health and Welfare Deputy, for a person lacking mental capacity (hereafter referred to as “P”) can seem quite a daunting process. The process involves the completion of a number of Court of Protection forms, to include information about P, such as their date […]