Court of Protection Articles
Are Court of Protection proceedings truly public? Following the Re Gardner [2026] ruling, we explore the delicate balance between open justice and protecting the highly sensitive, private information of vulnerable individuals.
The Supreme Court’s landmark AGNI judgment has fundamentally redefined what constitutes a deprivation of liberty in law. By replacing the Cheshire West ‘acid test’ with a new multi-factorial approach, this ruling changes the landscape of DoLS.
Administering a trust requires unanimous decision-making, sound judgment, and strict adherence to legal duties. But what happens when an appointed trustee loses the mental capacity to fulfil their role?
In Hillingdon v YD, the Court of Protection upheld CANH for a patient with a prolonged disorder of consciousness, finding that his spiritual convictions and close family testimony carried decisive weight in determining his best interests.
When someone loses capacity without an LPA, a financial deputyship becomes essential. This guide explains when Court of Protection deputyships are needed, how to apply, typical costs and timelines, and your responsibilities as deputy.
A clear, practical guide to selling property as a deputy or attorney, covering legal duties, court requirements, and step-by-step advice – essential for anyone managing a sale on behalf of someone who lacks mental capacity.
What do Deprivation of Liberty Safeguards (DoLS) allow you to do? Explore 10 essential facts about DoLS, a crucial part of the Mental Capacity Act 2005 designed to ensure any deprivation of a vulnerable person’s liberty is safe, legal, and in their best interests.
The Office of the Public Guardian (OPG) released legal guidance tailored to professional deputies and attorneys concerning the rules governing gift-giving. This article highlights some of the key issues outlined in that guidance.
Recently, the Supreme Court has given a judgment regarding ‘ordinary residence’ and the circumstances in which someone is discharged from detention in hospital.
When circumstances leave individuals unable to handle their own financial affairs, there are legal mechanisms available to protect their financial stability, such as Deputyship and LPAs.
The Court of Protection in the UK has the power to grant injunctions. But what is an injunction, and how does it relate to the Court of Protection?
A Standard Authorisation is used to lawfully deprive someone of their liberty in order to care for them. Can you challenge this? Is legal aid available?
Anna Johnson considers the upcoming changes to the Deprivation of Liberty Safeguards and what the changes may mean.
People visiting care homes in England will have to pay for Covid-19 Lateral Flow Tests from April 2022, the Government has said.
Anna Johnson considers the Supreme Court decision in Re JB regarding capacity to consent to sexual activity.
Lillian Efstathiou sets out some of the detail about what rights families have in s21A proceedings in the Court of Protection.
Emma Bergin considers the outcome of the case of A CCG v AD (by his litigation friend the Official Solicitor) and AC in relation to courts authorising sedatives to be given so as to allow COVID-19 vaccinations where the person in question lacks capacity to consent.
Cerise White takes a look at the important decision of Mr Justice Hayden in the case of SS v LB Richmond on Thames and SWL CCG where an application to vaccinate an incapacitated adult against COVID-19 was refused.
Allowing visitors into care homes is crucial for maintaining the quality of life of residents and also allowing family and friends to maintain contact with their loved ones.