Alex RKThe MCA 2005 came into force 14 years ago today, 1 October 2007. To mark its birthday, I’ve recorded a top 10 Court of Protection cases video.
https://vimeo.com/manage/videos/619734152
The slides accompanying it (with hyperlinks to the cases) are here.
Thanks Alex. I’d have included Neary but I’m not sure which case I’d have dropped instead.
I was interested in your point about H&W deputyship being seen by the Courts as ‘exceptional’ in the light of MCA s5. Why doesn’t the same point apply to P&A deputyship as well? Is it that P&A decisions are (generally) more straightforward – food has to be purchased, bills have to be paid etc? Or is it because the H&W and P&A provisions have different histories?
Good point about Neary!
I think in terms of P&A deputyship, it’s a combination of history, and also of the fact that there’s not the equivalent of s.5 MCA which gives a ‘general authority’ to address property and affairs matters, so it’s necessary to get formal authority from the Court of Protection.