Home > Legal Articles > Can a deputy commence litigation proceedings on behalf of a Claimant?

Topic: court of protection


  • Can a deputy commence litigation proceedings on behalf of a Claimant?
    by

    In cases where a Deputy has been appointed as a direct consequence of incapacity caused by personal injury, this should have been included within the Deputy Application and the Court of Protection will have specifically authorised the Deputy to commence proceedings. In situations where the Deputyship was already in place prior to the incident giving… Learn more

  • EHL Wills Team
    Avoiding Severance of Provisions in an LPA
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    The Office of the Public Guardian are referring over 100 cases each to the Court of Protection to “sever” invalid provisions in a Lasting Power of Attorney sent in for registration. The term ”sever” relates to the courts power to strike out or omit and invalid provision in order for registration to take place. The… Learn more

  • Emma Fuller - Wills, Probate and LPA
    Lasting Powers of Attorney and Enduring Powers of Attorney
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    When preparing Lasting Powers of Attorney documentation if they have been prepared incorrectly or the procedure has not been complied with then the documentation may not be able to be registered.  If the Lasting Power of Attorney cannot be registered and the person who has made the Lasting Power of Attorney has now lost capacity… Learn more

  • Emma Fuller - Wills, Probate and LPA
    What is the difference between a Lasting Power of Attorney and a Deputy?
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    Lasting Powers of Attorney (LPA) and Deputy Orders are legal appointments of a person or person/s to deal with the affairs of a person who lacks mental capacity. Both appointments can be made to make decisions about the person’s financial matters or their health and welfare. The differences between the LPA and Deputy appointments are… Learn more

  • Emma Fuller - Wills, Probate and LPA
    Court of Protection: Becoming a Deputy
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    Deputy applications are on the increase as each year many people lose the mental capacity to look after their property and affairs properly. Some have thought ahead and have already appointed an attorney (see our section on Lasting Powers of Attorney if the person in question retains mental capacity), but others may not have done… Learn more

  • Emma Fuller - Wills, Probate and LPA
    The role of the Court of Protection and Lasting Powers of Attorney
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    The Court of Protection (COP) is a specialist court which deals with all issues relating to people who lack the capacity to make decisions for themselves. The Court is guided by the Mental Capacity Act 2005 and is duty bound to act in the best interests of the patient at all times. There are many… Learn more

  • Emma Fuller - Wills, Probate and LPA
    Could your assets be set to go to the Court of Protection?
    by

      The Court of Protection usually operates in a very quiet way, but the Daily Mail has raised a challenge as to how the Court manages funds for thousands of people who are unable to manage their own financial affairs. In most of the 23,000 or so cases that go before the Court of Protection… Learn more


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