Roundup of recent developments in the Court of Protection

Aim

To update Court of Protection lawyers with recent developments in 2023.

Outcome

Participants will be able to update their knowledge and apply it to their work.

Agenda

• Changes from 1 January 2023 – to new Property & Financial Affairs Deputyship applications; SRA review of law firms providing LPA and Deputyship services
• Powers of Attorney Act 2023 receives Royal Assent 18 September 2023
• Delays – at OPG; in implementing Liberty Protection Safeguards and in changing the financing of social care costs
• Changes to security bond requirements – from 31 March 2023
• EU proposals for cross border rules to protect people who have lost mental capacity
• Law Society Practice Note on Accredited legal representatives in Court of Protection updated
• Recent cases:
  • Medical treatment – advance decision – presumption of capacity – NHS Surrey Heartlands Integrated Care Board v JH [2023] EWCOP 2
  • Best interests and divorce – D v S [2023] EWCOP 8
  • Capacity – a reminder of the principles involved in assessment – North Bristol NHS Trust v R [2023] EWCOP 5
  • Fluctuating capacity – A Local Authority v PG & Others [2023] EWCOP 9
  • Scope of LPAs – Re Public Guardians Severance Applications [2023] EWCOP 24
  • Contrast between Chancery and Court of Protection over testamentary capacity – another aspect of Baker v Hewston [2023] EWHC 1145
  • Solicitor not personally liable for costs when acting as a Deputy – Brassington v Knights Professional Services Ltd [2023] EWHC 1568