Yes. A welfare benefits appointee may be authorised to run direct payments for a direct payment under the Care Act, or a personal health budget, (PHB). However, being a welfare benefits appointee does not automatically entitle or allow them to do so.Direct payments for an adult’s social services care (or their PHB for their health […]
Decision date: 19 May 2024 Summary: The LGSCO investigated a complaint made in relation to the support provided to an adult, after the adult’s mother and main carer passed away. It found that the Council had failed to follow the Best Interests decision-making process in line with the Mental Capacity Act 2005 and make a
Keywords: Deputyship; Deprivation of Liberty; Disclosure; Family Involvement The case concerned a 25-year-old man (M) who had an Autistic Spectrum Disorder and a learning disability. The judgement is highly fact specific. However the case is a useful, if sad, illustration of the role of the Court of Protection in unpicking complex and emotive situations of
A local authority v M [2015] EWCOP 69 Read More »
https://www.bailii.org/ew/cases/EWHC/Ch/2023/1568.html This judgment from His Honour Judge David Hodge KC on 30th June 2023, concerned an application for summary judgment on a Part 8 claim by Mrs K Brassington (KB), a solicitor who acted as a professional deputy in the Court of Protection (CoP) for clients lacking in mental capacity. [One is appointed as that
Brassington v Knights Professional Services (t/a Knights), 2023 WL 04314598 (2023) Read More »
Hearing: 7th October 2019 This case involved three individuals, who each had property and affairs deputies appointed from the same law firm. ACC is now 20 years old. At the age of 4 she was involved in a road traffic incident in which she sustained serious injury and her mother died. A claim for damages was
ACC & Others [2020] EWCOP 9 Read More »
Keywords: Capacity, Accommodation A was 69 years old and had a diagnosis of Korsakoff’s dementia. She had no children and her former husband had died. She has many caring friends who have taken an active part in her life and in these proceedings. She had lived in her flat, of which she was clearly very
LB Tower Hamlets v A (by her litigation friend the Official solicitor) & KF [2020] Read More »
Hearing Date: 13th September 2019 Mr P had severe health problems requiring 24 hour care, due to Lennox Gastaut syndrome. Mr P’s family situation was a complex one; he had no family connections, and after an aunt who brought him up died when he was 12, he had been placed in a care home. There
Keywords: s117, Charging, Personal Injury, Trusts This was the appeal by Manchester City Council and South Manchester CCG against the ruling that they were obliged to provide s.117 aftercare services regardless of the assets of a man who had previously been awarded personal injury damages and even though they were intended to fund his care.
This topic looks at the main pros and cons of formal status when it comes to managing someone else’s money or property-related affairs. That might be deputyship or a power of attorney in England and Wales. Having a formal status for money management for another, usually removes the risk of being regarded as acting directly for
Deputyship and Money Management Read More »
Keywords: LPA, public guardian, legal effect This case makes clear that the powers of the Public Guardian in relation to registering Lasting Powers of Attorney (LPAs) are limited to declining to register LPAs containing provisions which cannot actually be given legal effect and cannot be used to exclude LPAs which are merely likely to be
XZ v PUBLIC GUARDIAN (2015) Read More »