Insights

Given the authority that a Court of Protection Deputyship order might provide to a deputy, the Office of the Public Guardian (OPG) produced a deputy standards guide in 2015. The guide outlines what is...

Upon the death of the protected party (P), the role of the deputy comes to an immediate end. The Office of the Public Guardian (OPG) would be notified and advised who the P’s legal representative...

An Independent Mental Capacity Advocate (IMCA) is an advocate appointed to act on behalf of a person who lacks capacity to make certain decisions for themselves.  To determine if a person is lacking...

The Mental Health Act 1983 (MHA 1983) is a far reaching Act which has been in place for many decades. It addresses the issues of vulnerable patients in the United Kingdom and a number of safeguards...

Upon the Court of Protection appointing a deputy, it is common for a case manager to be instructed to work alongside the deputy. The purpose of this is to ensure that the needs (predominantly welfa...

Dementia is not a disease, but a word used to describe a group of symptoms or conditions which can include:- Difficulty in carrying out daily activities; A decline in the ability to think and...

Both Lasting Powers of Attorney (LPA) and a Court of Protection Deputyship Order appoint a person(s) to administer the affairs of a person who lacks mental capacity. Although there are similarities...

Section 44 of the Mental Capacity Act 2005 created a criminal offence of ill-treatment or wilful neglect of a person lacking capacity or who is reasonably believed to lack capacity. This is an impo...