Private Client analysis: Irwin Mitchell Trust Corporation Ltd v KS & Orsraises important questions about the jurisdictional limits of the Court of Protection in England and Wales (EWCOP). It is the first time that the EWCOP has had to decide whether it has jurisdiction to make orders about the property and affairs of a child under 16 who is habitually resident abroad, and what happens to a deputyship when a protected party moves abroad. Written by Alice Collier, senior associate at Irwin Mitchell LLP.
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The Official SolicitorThe Official solicitor (OS) is an officer of the Supreme Court appointed by the Lord Chancellor. The Official Solicitor's staff includes a number of experienced solicitors who specialise in Court of Protection proceedings and whose experience and practical knowledge not only
Court of Protection—notificationThis Practice Note applies to the majority of applications to the Court of Protection. However, it is important to note that a different procedure applies to applications to appoint a property and financial affairs deputy. From January 2023, an upfront notification
Deputyship returns and accountsFor all those appointed by the Court of Protection to act as a deputy for property and financial affairs or health and welfare, either as a lay deputy or a professional deputy, there is a requirement to complete an annual return to the Office of the Public Guardian
Deputyship—the deputy’s duties and powersDutiesThe duties of court-appointed deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and the Mental Capacity Act 2005 Code of Practice (MCA 2005 Code of Practice). In addition, the Office of the Public Guardian (OPG)’s deputy
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