The judge summarised the proceedings stating “I formally record the LPAs are invalid and should not be registered, and the application for deputyship for property and affairs is approved”. The LPAs were invalid was because Stephen lacked capacity at the time of signing the documents.
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”
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”
I can’t help feeling that there is a serious gap in the law which is supposed to ensure the best interests of someone who has been judged to lack capacity and yet (in the absence of an LPA) leaves their property and finances in limbo until another quite separate and lengthy legal process has taken place. I was very lucky that my mother’s house was not vandalized, as P’s house obviously had been.
Emma Heron and Olwen Cockell, 21st May 2021 Editorial Introduction (Celia Kitzinger) Two relative novices to the Court of Protection had their first experience of a hearing before Mr Justice Hayden on 20thMay 2021. They record their impressions here. I also observed this hearing (COP 1275114): a s.21A challenge on behalf of a man in his 40s withContinue reading “First Impressions of Hayden J in the Court of Protection”
“…it was reassuring to witness a judge who acted with empathy for the family’s concerns whilst ensuring that P remained the primary focus. Judge Hilder skilfully found solutions to empower both P and her family throughout the process by suggesting ways to involve them as much as possible.”
“…The case revealed a welcome input of pragmatism from a judge who saw that what was being sought by the respondent in this case wasn’t quite what the law was designed to address….”
“…like many, I’ve been troubled by the potential effects of the current crisis on vulnerable people, including those who lack capacity. All the more reason, then, to support the goals of open justice and bear witness to the profound decisions now being made remotely in the Court of Protection…”