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Robert Hurling
 

World Mental Health Day

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Focus on: Thailand Thailand is one of Southeast Asia’s most popular holiday destinations, attracting many British visitors who visit for sunshine, culture and culinary adventure. It is also a place which many British expats call home. In the time...

World Mental Health Day: Focus on Nepal

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On 25 April 2015, a powerful earthquake of 7.8 magnitude struck Nepal. More than 8,000 people lost their lives, and many historic and irreplaceable buildings and monuments throughout the country were destroyed. The significant scale of this event brought...

World Mental Health Day 2016

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World Mental Health Day falls on 10 October. It has been recognised on this day every year since 1992 and was established by the World Federation for Mental Health . It provides us with an opportunity to look at the state of mental health around the world...

Singapore: Mental Capacity Act Amendments

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Singapore’s Mental Capacity Act appears very familiar to those of us practicing in England & Wales. Our Mental Capacity Act 2005 was used as a starting point, and with a few adaptations, became the Mental Capacity Act in Singapore. The act...

Re FH [2016] EWCOP 14

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A Deputy Need Not Speak or Write English if Adequate Support is Available Fahmida was born in Lahore in 1946 and is now 70 years old. She moved to England when she was 19 years old with her first husband. She has two children, Suhail, 49, and Shama, 41. Her...

RE A [2016] EWCOP 3

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This is a contested application for the appointment of a new deputy and new trustee. It has spanned some time owing to the objections received by a family member and some doubt about A's capacity.

Gifts and loans lead to removal of deputies

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Re AFR [2015] EWCOP 73 It is not uncommon for us to hear about deputies breaching their position of trust for their financial gain. We hear most about deputies who have helped themselves to large sums from the accounts of the people they are trusted to...

Children and the Court of Protection

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Deputyship or Personal Injury Trust? This is a question I have frequently been asked, often by parents of a child who has sustained a significant brain injury and about to receive a large award. Which is better? Whether to proceed with a...

The Issue of Successive Deputies

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Re H [2015] EWCOP 52 H was born on 21 December 1988 and was 26 years old at the time of the hearing. She lives with her parents in Cambridge. She was born prematurely after her mother underwent an emergency caesarean, and did not begin breathing until...

Re A [2015] EWCOP 46

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Considering when it is in P's best interests to provide for a family member Re A [2015] EWCOP 46 A was born on 2 November 1996 and is 18 years old. She suffered anoxic brain injury as a result of medical negligence, leading to cerebral palsy,...

GN and Julia Newland [2015] EWCOP 43

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CN is 76 and is divorced. She has four children, of which GN is the youngest. In 1989, CN bought her council home under the Right to Buy scheme. It was valued at the time at £74,000, and she paid a deposit of £14,000. She received a...

Re P [2015] EWCOP 37

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P appointed her husband (H) as her sole attorney by an Enduring Power of Attorney (EPA) in October 1991. They lived together in Spain for many years, although P returned to England when she became incapacitated three years ago. H remained living in their...

Re HC [2015] EWCOP 29

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HC suffers from vascular dementia, requiring assistance with daily living. Her son, CC, gave up his career as a quantity surveyor in order to act as his mother’s principal carer. She has lived with him in his home since April 2009. HC retained her...

Revocation of a Lasting Power of Attorney

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Re EL (revoking a Lasting Power of Attorney) [2015] EWCOP 30 The law relating to the revocation of a Lasting Power of Attorney (LPA) differs from that dealing with the revocation of an Enduring Power of Attorney (EPA). This case explores the difference...

Re ED [2015] EWCOP

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This case concerned the registration of an Enduring Power of Attorney (EPA) for ED, who had appointed her two daughters GB and JD to act jointly on her behalf. Her daughters did not get along with one another at all, and had very...

Donna v Martin & Anor [2015] EWCOP 23

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This case concerned the appointment of deputies for DC, both for health and welfare and for property and affairs. Already disposed of on the papers by Senior Judge Lush on 27 November 2014, an application was made for reconsideration under rule 89 of the...

Re ID (Revocation of LPA) [2015] EWCOP 19

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An application was made by the Office of the Public Guardian (OPG) for the revocation of a Lasting Power of Attorney (LPA) appointing ID’s two sons, BW and MD as her joint attorneys. The OPG raised concerns in relation to unpaid care fees, the lack of...

Walford v Worcestershire County Council [2015] EWCA Civ 22

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A local authority may recover the cost of residential care from a resident if they can afford to pay for it themselves. Many factors are considered in the assessment process, including the level of the resident’s total capital. Often, the most valuable...

Risk, Safeguarding and Personal Budgets

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King’s College London – research findings In a study carried out by King’s between May 2012 and April 2014, national safeguarding data, as well as Social Services activity data, was analysed to determine whether any relationship exists...

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