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Mental Capacity Law Cases
The Public Guardian v XR & Ors
In this case,[1] District Judge Geddes had to consider the ability of the Court of Protection to grant injunctive relief in relation to the publication of video material relating to… Read more »
OPG v PGO, MAB, MJD
Summary P had executed 2 LPAs, one welfare, one property and affairs, but the signature of P was witnessed by one of the proposed attorneys. The LPA was registered but… Read more »
The Public Guardian’s Severance Applications
Summary In a series of cases noted on Bailli as The Public Guardian’s Severance Applications [2017] EWCOP 10, District Judge Eldergill made various rulings on applications made by the Public… Read more »
Re PP
Summary In three decisions, published together on Baillii at the end of 2017, District Judge Batten made rulings in relation to LPAs concerning PP. In the first of the decisions,… Read more »
SAD and ACD v SED
Summary This is the first post-MCA case to consider the issue of capacity to revoke a lasting power of attorney (‘LPA’).[1] SED decided with capacity to appoint her daughters, SAD… Read more »
The Public Guardian v PM &SH
Summary In this case the Senior Judge was dealing with an application for the partial revocation of a property and affairs LPA and the revocation of a welfare LPA. P’s… Read more »
The Public Guardian v TW, KW, HF and SC
Summary In this case the Senior Judge was dealing with an application for the revocation of an LPA and the appointment of a deputy. The evidence about P’s capacity to… Read more »
Re NRA & Ors
Summary Re NRA is the latest instalment in the Re X saga, in which the Court of Protection attempts to deal with the fallout from the judgment of the Supreme… Read more »
Re H, on the application of F and M
Summary and Comment In this case P’s parents applied to be appointed as P’s deputies for welfare and property and affairs. They also applied for the appointment of successive deputies… Read more »
The Public Guardian v DA, YS and ES
In this case the Public Guardian applied for the revocation of a LPA on the ground that the donees had failed to keep accounts and had used their position to… Read more »
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