header-logo header-logo

09 February 2018 / Alex Cisneros
Issue: 7780 / Categories: Features , Profession
printer mail-detail

A court for the absent & missing

nlj_7780_cisnerosi

Alex Cisneros asks whether extending jurisdiction to missing people will overstretch the Court of Protection

  • The jurisdiction of the Court of Protection is being extended to include ‘missing’ people.
  • The extension raises human rights and right to property questions.
  • Some 50 to 300 applications could be made, adding pressure on the court’s already stretched resources.
  • ‘Missing’ can include someone detained in prison.

If you have an elderly or disabled relative, there is a good chance that you will have at least heard of the Court of Protection. Created by the Mental Capacity Act 2005, the court makes decisions on behalf of people who do not have the capacity to make decisions for themselves. It makes finely balanced best interests assessments and oversees the appointment, functioning and discharge of deputies and attorneys.

Since its inception, its workload has skyrocketed. This influx of cases was accelerated by the Supreme Court case of P v Cheshire West and Chester Council; P and Q v Surrey County Council [2014] UKSC 19. This

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll