Tags » Mental Capacity Act

Seeking costs against the Public Guardian in a financial safeguarding case

The Public Guardian and CT and EY 2014

http://www.bailii.org/ew/cases/EWCOP/2014/51.html

As District Judge Lush observed, this is the first reported case where a costs order has been sought against the Public Guardian. 2,790 more words

Case Law

Walker -v- Badmin [2014], Testamentary Capacity is a common law issue

Fascinating new case about testamentary capacity and the differences between the Mental Capacity Act test and the old common law test of Banks -v- Goodfellow. 771 more words

Wills

Beware the PLO my son! the jaws that bite, the claws that catch (Is the PLO coming to Court of Protection?)

Having opened with Lewis Carroll, I’ll digress to Bruce Springsteen – if you practice in the Court of Protection –  “You’d better not pout, you’d better not cry, you’d better watch out, I’m telling you why – the PLO is coming to town” 1,309 more words

Case Law

Have we just given up on the notion of the Supreme Court being supreme?

After yesterday’s CM v Blackburn in which the Court of Appeal sidle up to the notion that the Supreme Court weren’t formulating new law in Re B, we now have the High Court in the form of Mostyn J just outright quibbling with their decision in Cheshire West. 1,694 more words

Case Law

Answering the call for Mental Capacity Act best practice documents

The Social Care Institute for Excellence (SCIE) is working on behalf of the Department of Health to collate resources that prove useful in practitioners’ work in relation to mental capacity. 160 more words

Policy