By Daniel Clark, 29 September 2024 This case began as an urgent application to the Court of Protection in August 2023. It wasn’t until May 2024 that it came before a judge. In August 2023, XY (who resides in Turkey) was visiting the UK with her brother, CD. She has done this many times but,Continue reading “Can a Turkish Guardianship Order be recognised in England and Wales? “
Tag Archives: Office of the Public Guardian
Challenging a Transparency Order prohibiting identification of the Public Guardian as a party
By Celia Kitzinger, 24th May 2024 UPDATE: There was a hearing about this matter on 30th May 2024 at which the prohibition on identifying the Office of the Public Guardian as a party in the case was lifted. It was, said the judge, a “mistake” to have included this prohibition in the Transparency Order. ForContinue reading “Challenging a Transparency Order prohibiting identification of the Public Guardian as a party”
Pettifogging? Judge invites Office of the Public Guardian to reconsider application to revoke LPA
By Claire Martin, 2 June 2023 This was an application from the Office of the Public Guardian (OPG) for a declaration that P’s (purported) appointment of his wife and son as LPA and replacement LPA, respectively, for Property and Finance, was either not valid (because P lacked capacity to make the LPA) or should be revokedContinue reading “Pettifogging? Judge invites Office of the Public Guardian to reconsider application to revoke LPA”
Office of the Public Guardian steps in when attorneys don’t agree
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.
Eight Litigants in Person
My sense, for this family, was that they had not had the opportunity to have a conversation with one another about their various grievances – and they seemed to have an appetite to do so, or at least to air them and have them heard. The court setting is not able to facilitate this in the way they might have needed emotionally, yet I thought DJ McIlwaine offered a textbook illustration of how to, sensitively yet determinedly, conduct a hearing with LIPs – quite a feat with so many LIPs to boot!
Promoting Open Justice in the Court of Protection 