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Deprivation of liberty and deputies

Alexandra Edwards

Posted by Alexandra Edwards | Solicitor
On 11th January 2017

A property and affairs deputy doesn’t have an obligation to worry about whether P is being deprived of their liberty because that is a welfare matter right? Wrong. The recent Court of Appeal decision in the case of Staffordshire County Council v SRK [2016] EWCOP27 (“SRK”) has put an obligation on property and affairs deputies to alert the relevant local authority to possible deprivation of liberty cases in certain circumstances.

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The importance of making a living will part 2

Philippa Barton

Posted by Philippa Barton | Partner
On 10th January 2017

The Court of Protection has recently heard a case concerning a 43 year old policeman who was badly injured in a motorbike accident in July 2015 and was left in a minimally conscious state. The injured man was Paul Briggs. His wife had applied to the court for his life sustaining treatment to be withdrawn. Other family members opposed the application saying that Paul would not want this.

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The “secretive” Court of Protection

Alexandra Edwards

Posted by Alexandra Edwards | Solicitor
On 17th November 2016

The Court of Protection (COP) is relatively new to the legal system and was established via the Mental Capacity Act 2005 and started operating in October 2007. The COP specialises in issues relating to people who lack capacity to make decisions for themselves in relation to finances, property, health and welfare.

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