Our team of Court of Protection experts act on matters in respect of both health and welfare and financial and property decisions.

Examples of recent cases include:

  • Responding on behalf of a family member to deputyship applications relating to both the property and affairs and the health and welfare of P (the protected person), and addressing the Local Authority’s application relating to deprivation of liberty.
  • Obtaining directions compelling an attorney to consult with another family member in respect of their wishes and feelings before taking momentous decisions pertaining to the donor’s health and welfare.
  • Acting in a reported case for an attorney seeking retrospective approval of gifts and a declaration that other payments should be classified as payments for care arranged under an Enduring Power of Attorney.
  • Advising a foreign medical establishment in respect of an order by the Court of Protection to provide P’s medical records, in particular in respect of the conflict between the order and the establishment’s obligations under local laws to maintain patient confidentiality.
  • Advising on applications by attorneys seeking permission to make lifetime gifts on behalf of P, cooperating with the Official Solicitor in its role as litigation friend for the donor and, where appropriate, coming to an agreement with the Official Solicitor as to an appropriate amount of gifting.
  • Advising in relation to a statutory will application and making applications on behalf of P’s family member for multiple lifetime gifts.
  • Investigating capacity and possible undue influence where the donor of a power of attorney had made new powers of attorney, including assisting with a judicial visit to facilitate the donor’s participation in the resulting Court of Protection proceedings.
  • Advising and representing a family member in a contested health and welfare situation, overseeing best interests meeting with carers, other family members and their legal representatives and ensuring P was able to remain at home with appropriate adaptations.

 

If you require assistance, please contact us or request a call from one of our lawyers.

Meet the Trust and Probate Litigation team

The team offers a substantial range of litigation-specific advice to private individuals, corporates and professional trustees.

James Price, Partner, Trust and Probate Litigation, Stewarts