Personal welfare deputyship cases are like buses – you wait ages, and then three come along all at once. After… Read more
Tag: Deputies
Personal welfare deputies, the Court of Protection and Article 8 ECHR
Re XY [2025] EWCOP 55 (T2)[1] is an important decision about the powers of welfare deputies. The specific facts of… Read more
Personal welfare deputies, principle and pragmatism
In Parr v Cheshire East Council & Anor [2026] EWCOP 1 (T3), and whilst expressly applying, rather than seeking to… Read more
Property and affairs deputyship applications – the digital route will be mandatory for legal professionals from 2 December 2024
In a letter sent out on 18 November 2024 (but which had the wrong date, subsequently corrected), HMCTS has confirmed… Read more
Risk-taking, best interests and health and welfare deputies
AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning… Read more
Revoking a deputyship – are the Court of Protection’s powers constrained?
In CL v Swansea Bay University Health Board & Ors [2024] EWCOP 22 Theis J has confirmed that that the… Read more
The tendency of human nature to be swayed by interest rather than duty
In Irwin Mitchell Trust Corporation v PW & Anor [2024] EWCOP 16, Irwin Mitchell Trust Corporation (“IMTC”) had been appointed… Read more
What does Article 8 add to best interests? (clue – it definitely helps)
Re CVF [2020] EWCOP 65 concerned the capacity and best interests of a 29 year old woman, CVF, with diagnoses… Read more
Professional deputies, hourly rates, and the realities of 2020
In a judgment handed down on 30 September 2020, PLK & Ors (Court of Protection : Costs) [2020] EWHC B28, Master Whalan… Read more
Deputyship and legal incapacitation: don’t (always) believe what you read
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019]… Read more