Roundup of recent developments in the Court of Protection

Recorded on: 20/12/2023


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


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


  • 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


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Sole practitioner:  £88.00

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