A court for the absent & missing

09 February 2018 / Alex Cisneros

Issue: 7780 / Categories: Features , Profession

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

A court for the absent & missing

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 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

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS

Read All

NLJ this week: Trans pool player loses discrimination fight

Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ

NLJ this week: Fraud claims climb as courts brace for AI threats

Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes

NLJ this week: Traders’ convictions quashed in Libor shock

The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement

NLJ this week: Small firms call for tech clarity as AI looms

Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ

NLJ this week: AI boom collides with courtroom reality

Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ

Error message

A court for the absent & missing

MOVERS & SHAKERS

DWF—19 appointments

Cadwalader—Andro Atlaga

Knights—Ella Dodgson & Rebecca Laffan