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15 April 2016
Issue: 7694 / Categories: Case law , Law digest , In Court
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Mental health

Re YW [2016] EWCOP 18, [2016] All ER (D) 45 (Apr)

The Court of Protection, on the public guardian’s application to revoke a lasting power of attorney (LPA) for property and financial affairs, held that, in circumstances where the only evidence of the donor’s capacity was in the Court of Protection general visitor’s report, which was ambivalent on the question of her capacity to revoke the LPA, an assessment by a Court of Protection special visitor was required prior to considering revoking the LPA and making a substantive deputyship appointment. Pending receipt of that report, the attorneys’ authority to act under the LPA would be suspended and the donor’s daughter would be appointed as an interim deputy.

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The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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