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Opinion
  • deputyship
  • property

Deprivation of Liberty Redefined – What This Means For Deputies Managing Property Sales

The UK Supreme Court has introduced a new, more flexible definition of deprivation of liberty, replacing the long‑standing Cheshire West test. Fewer individuals will now fall within the definition, increasing...

August 12, 2026

Christine Dyson

Kiranjeet Kaur

Blog
  • Wills

When the Court Writes the Will

A Statutory Will allows the Court of Protection to make a Will for someone who lacks the mental capacity to do so themselves. The court considers the individual’s wishes, values...

July 8, 2026

Dorian Williams

Opinion
  • court-of-protection
  • deputyship
  • lasting-power-of-attorney
  • mental-capacity
  • property

Deputyship vs Lasting Power of Attorney: Who Can Deal with Property?

What authority does a Court of Protection deputy have over property compared to an attorney under a Lasting Power of Attorney? We explain the key differences, restrictions, and when court...

February 19, 2026
Opinion
  • court-of-protection
  • deputyship

Duties of A Court of Protection Deputy: Finding Balance Between Best Interests and Client’s Wishes

Acting as a Court of Protection deputy requires balancing a client’s best interests with their expressed wishes. Although the Mental Capacity Act 2005 provides a framework, deputies must interpret best...

December 18, 2025
Opinion
  • deputyship
  • mental-capacity

Understanding the Role of a Professional Deputy in Managing Finances

When someone lacks the mental capacity to manage their finances, the Court of Protection may appoint a professional deputy to act in their best interests. This role involves safeguarding assets,...

September 24, 2024
Opinion

Nothing Lasts Forever Even Cold November Rain

The captivating rock ballad November Rain penned by the legendary and talented musician Axl Rose, of the famous band Guns and Roses has often sprang to mind this November. We…

November 20, 2023

Sarah Conner

Blog
  • mental-capacity

Celebrating Carers Week: Honouring the Unsung Heroes

Carers Week is a special time of the year when we reflect on the incredible contributions made by caregivers worldwide. These selfless individuals dedicate themselves to caring for others. Our…

June 7, 2023
Opinion
  • court-of-protection

Court of Protection Pilot Scheme January 2023

The Court of Protection have announced that from January 2023 a new upfront notification process will become the new standard for all Property and Affairs deputyship applications. This process requires…

December 20, 2022
Opinion
  • lasting-power-of-attorney

Sorting out your LPA is one way to stay in control after a dementia diagnosis

Today marks the start of Dementia Action Week. According to the Alzheimer’s Society, there are currently around 900,000 people living with dementia in the UK. As dementia tends to affect…

May 16, 2022
Opinion
  • mental-capacity

How Does A Client With Learning Disabilities And Who Lacks Capacity Make A Will?

Wills and the intestacy rules You cannot make a will until you reach the age of 18. If you don’t have a will when you die, the intestacy rules apply.…

April 28, 2022
Opinion
  • deputyship
  • inheritance-tax
  • lasting-power-of-attorney

Can Deputies Or Attorneys Use Powers Not Covered By The Deputyship Order Or / Lasting Power of Attorney?

The simple answer to this question is a ‘No’. The general authorisation in a Deputyship Order allows the Deputy general powers to administer P’s affairs including the ability to access…

April 7, 2022

Christine Dyson

Opinion
  • mental-capacity

Modernising Lasting Powers of Attorney

Last week, the government launched a 12-week consultation into the modernisation of Lasting Powers of Attorney (LPA’s). An LPA is a legal document that allows someone to make decisions about…

August 9, 2021
Opinion
  • deputyship

Free Britney: Conservatorship In The US And The UK Equivalent System

There has been considerable media scrutiny of late regarding Britney Spears’ 13 year conservatorship, in which her father manages her financial affairs as well as her personal health and welfare…

July 7, 2021
Opinion
  • mental-capacity

Councils Refuse To Pay Care Home Fees For People Who Have Given Away Money

When you make a claim for the Local Authority to pay your care home fees, the council first carry out a detailed enquiry into your finances. They investigate how much…

April 15, 2021
Blog

Why is Britney Spears’ father managing her finances?

Many people are asking why Britney Spears’ father has conservatorship over her finances. Conservatorship is the American equivalent of our system of deputyship. This is the process whereby the court...

February 10, 2021
Blog

Does a child have mental capacity to consent to medical treatment?

The general rule is that a child under the age of 16 is presumed to lack sufficient mental capacity to make decisions about their own medical treatment. In the case...

December 8, 2020
Opinion

Listening to your favourite music is a boost for people with dementia

There are now over 850,000 people living with dementia in the UK. There is a lot that we don’t understand about dementia but one thing that has become clear is...

October 23, 2020
Blog

When should a deputy make a loan rather than a gift?

At Hodge Jones & Allen we act as professional deputy and trustee for many brain injured children who have been awarded substantial sums of damages. Their parents often make unusual…

July 10, 2020
Opinion

Financial Protection for Vulnerable Clients

We act for many vulnerable clients at Hodge Jones & Allen. Our Court of Protection team look after the finances of many clients who are unable to manage their own…

April 8, 2020
Blog

Keeping your important documents safe

Most of us have some important documents like an original will or a power of attorney. If you keep these documents at home, there is a risk of loss if...

November 8, 2019
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