Mental Capacity

Recent Features and Opinion


Grey matter


Most property and financial affairs deputies will be familiar with last year’s Court of Protection decision in Re ACC and its practical implications. Bethan Phillips explains how you can approach the grey areas that remain


Rules of engagement


Fiona du Feu talks to practitioners Clare King of Clarion Solicitors and Rachel Roche of Roche Legal about how they have managed the ethical challenges around client care during the pandemic

Standards: Gold and silver medals with tick

Gold standard


Nikki Millings provides a helpful, common sense guide to meeting the OPG deputy standards and completing the standards checklist

Alberto Perez Cedillo

Lasting impressions


Alberto Perez Cedillo looks at the equivalents to lasting powers of attorney across the world


A shot in the arm


While the announcement of three COVID-19 vaccines has been celebrated across the world, there are many considerations for attorneys and deputies to consider for people who lack mental capacity to consent to be vaccinated. Craig Ward explains

Analogue clock showing ten minutes to six.

Guidance for deputies: Hourly rates


The recent decision in the cases of PLK & Ors has opened up a new approach to hourly rates. Andrew Bennetts looks at how financial and property affairs deputies can recover costs, even with a retainer in place


Guidance for deputies: Instructing your own firm post-Re ACC


Since Re ACC, the steps a deputy must take before instructing another legal team have changed. Bethan Phillips looks at how this impacts property transactions, tax returns, and continuing healthcare and education challenges.

Two people exchanging a document

Are you being served?


Victoria Newey explains the sometimes confusing process of serving respondents in the Court of Protection when making property and affairs applications

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