By Georgina Baidoun – 12th September 2022 The Open Justice Court of Protection Project tweeted about this hearing (COP 13636992, before District Judge Thomas on 30 August 2022), reproducing the listing from CourtServe. It was listed as being about “(i) Whether a deputy should be appointed in respect of the property and financial affairs; (ii)Continue reading “A Respondent To A Deputy (Property And Financial Affairs) Application Asks For An Order That Will Ensure Payment Of Care Home Fees”
Four potential care homes in the county to which Mrs H wishes to move “very clearly came back and said they could not meet her needs” (Counsel for Mrs H). “Actually”, he added, “she’s an extremely likeable, cheerful, happy, chirpy lady”. Moreover, “her wish to return to Ireland hasn’t waned in any shape or form”.
I have made an LPA for Property and Affairs myself and was conscious at the time that they are not without their difficulties. In this case, there is a real possibility that, as P’s assets reduce, either he or his wife will have to move home and reduce their standard of living. With the best will in the world, I am not sure how this could or should be resolved, and family conflict seems almost unavoidable. In my case I have chosen to include a professional as an Attorney, accepting that this will come at a cost.
There is something fundamental about choosing what food to put (and not to put) into your mouth, that most of us take for granted as adults. It feels somewhat Orwellian to be denied food on the grounds that it’s not in our best interests to eat it. A few years back, the world’s first vending machine with facial recognition technology was unveiled, with the potential to refuse to vend a certain product based on a shopper’s age, medical record or dietary requirements. Despite the potential health benefits, it hasn’t caught on.
By Eleanor Tallon, 31st August 2022 As an experienced Best Interests Assessor (practising within the legal framework of the Deprivation of Liberty Safeguards), I have an avid interest in the Open Justice Court of Protection Project which is aligned with my passion to promote human rights. I find that both reading the reflective blogs and participating as an observerContinue reading ““The parties should work together and not rush to court in a litigious way. It is not ready to be heard”: Reflections from a Best Interests Assessor“
By Celia Kitzinger, 23rd August 2022 A woman in her 30s has been in hospital for more than three months – for the last four days in the High Dependency Unit, where she is intubated and mechanically ventilated. She has “a hugely complicated medical background”, including a rare inherited disease, and a diagnosis of “autistic spectrum disorder”. Continue reading ““I am fearful for my daughter’s life”: Serious medical treatment in a contentious case”
By Georgina Baidoun, 19th August 2022 The CourtServe listing for this case was tweeted by the Open Justice Court of Protection Project like this: Having acted as Court of Protection Deputy for my mother’s Property and Financial Affairs, and having been threatened by the Public Guardian with my removal (otherwise known as ‘discharge’), I decidedContinue reading “Unusually, this applicant had to pay costs in a Property and Financial Affairs case – the penalty for wasted work”
By Celia Kitzinger, 17th August 2022 I’ve watched four different Court of Protection cases about people with “hoarding disorder”. In each one, the local authority had applied to remove the person from their home and rehouse them temporarily, dispose of hoarded property (exactly what could be disposed of, and when, was always contentious), carry out repairs,Continue reading “A case of hoarding”
A key part of effective social work practice is being able to form open and trusting relationships with service users – relationship-based practice can facilitate more effective communication, allowing for transparency and a person-centred approach. Conflict often arises when outcomes don’t match a service users wish, creating a strain on the relationship. One way to rebuild this relationship is to keep the service user informed, ensuring they are aware of decisions being made and the reasons for them.
By Aisling Mulligan, 15th August 2022 As a barrister practising in Public Health Law in Ireland, I am familiar with the vulnerable client and the myriad complex questions that come before Courts. Ireland is due to commence the Assisted Decision Making (Capacity) Act 2015 (the 2015 Act), which creates a framework for supporting decision making where aContinue reading “Capacity to have sexual relations with a specific partner: In the matter of Hull City Council v KF  EWCOP 33”