Private Client

Various Incapacitated Persons, Re (Appointment of Trust Corporations As Deputies) [2018] EWCOP 3 (25/01/18)

This is a Judgment from HHJ Hilder concerning what information is required for the Court to be satisfied that a Trust Corporation is a fit and proper legal person to hold the appointment of deputy for an incapacitated person. The case involved 36 applicants covering 11 different trust corporations, all of which are affiliated to… Continue reading

DM v Y City Council [2017] EWCOP 13 (15 June 2017)

This was an application brought on behalf of ‘DM’ under Section 21(A) of the Mental Capacity Act 2005 and was by way of a challenge to a Standard Authorisation dated 03/02/17 authorising the deprivation of DM’s liberty at a Care Home for 6 months which expired on 02/08/17. However, the primary issue was whether DM… Continue reading

SL, Re [2017] EWCOP 5 (31 March 2017)

Capacity Issues in a DOLS Application issued by a Local Authority The matter concerned SL aged 60 who suffered from schizophrenia and obsessive compulsive disorder. She had 2 brothers and previously lived with them as well as her mother in housing association accommodation. She had first come to the attention of mental health/social services professionals… Continue reading

M (Withdrawal of Treatment: Need for Proceedings) COURT OF PROTECTION (2017 EWCOP 19)

This somewhat landmark ruling by Mr Justice Peter Jackson in the Court of Protection means that legal permission is no longer necessary in England and Wales before withdrawing treatment from patients with severe illnesses and marks a significant change in how end-of-life cases where those concerned are specifically on life-support may be handled in the… Continue reading