header-logo header-logo

In whose best interest?

27 February 2019 / Ann Stanyer , Jemma Goddard
Issue: 7830 / Categories: Opinion , Mental health
printer mail-detail
The duties of a deputy appointed by the Court of Protection are not to be taken lightly, warn Ann Stanyer & Jemma Goddard

Where an adult has lost their mental capacity due to brain injury or otherwise, someone must be appointed to manage their property and financial affairs. If they do not already have a lasting power of attorney appointing someone, the Court of Protection will appoint a deputy. If there is a suitable family member who can act, they will be considered for the appointment provided they are over 18, consent to the appointment and are not being paid to care for the individual. They must have the necessary skills, knowledge and commitment to carry out the tasks and duties of a deputy.

These duties include complying with the Mental Capacity Act 2005 (MCA 2005) statutory principles, which include making decisions in the patient’s best interests, having regard to the MCA 2005 Code of Practice, and only making decisions authorised by the court. Other duties include a duty of

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll