I have broken down the stages of the process of reaching a best interests determination through the Court of Protection in a series of posts on this topic. If you’ve come across this post without reading the previous three posts, then you might want to start at the beginning and work your way through I’llContinue reading “How the court decides best interests: when it comes down to it”
Tag Archives: Mental Capacity Act
How the court decides on best interests: is that really that important though?
This is the third post in my series about how the Court of Protection makes best interests decisions. In practice, it’s a messy process, but I have broken it down into stages to make it easier to understand. Or that’s my intention anyway. If I’m only confusing you further, I do apologise! So we startedContinue reading “How the court decides on best interests: is that really that important though?”
Round table meetings: what to expect
Today I am going to talk about round table meetings during Court of Protection proceedings. Or RTMs as they are commonly referred to. They are a very valuable part of the process, but when invitations go out, I do get people calling me up to ask about what the meeting is for, and what they’llContinue reading “Round table meetings: what to expect”
How the court decides on best interests: part 2 What about this?
In part 1 of this series we looked at how to identify the available options, by talking about P and his future residence and care. The court is satisfied that there are currently 3 available options, Blue Care Home, Yellow Cottage supported living and Q’s house (his sister) with care from Pink Care Agency. SoContinue reading “How the court decides on best interests: part 2 What about this?”
How the court decides best interests: part 1 What are my options?
I wanted to offer some practical insights on how the Court of Protection makes decisions about what is in a person’s (always referred to as P) best interests. Because it sounds simple, but it isn’t. And I’ve spoken to so many professionals and family members who are so clear that they are advocating for P’sContinue reading “How the court decides best interests: part 1 What are my options?”
Life gets in the way
This is just a quick post to apologise for the lack of activity on here this month. I have a number of different posts half written, but have been struggling to focus and decide what to write about first. My case load is increasing at work, and I’m in the midst of Christmas preparations. AsContinue reading “Life gets in the way”
Much ado about financial deputies
I rarely delve into financial aspects of the MCA, partly because it comes up very rarely in my role, and partly because cases of interest are so infrequent. But I read this on a few weeks ago, and it’s been playing on my mind. The case of Sunil Kambli v Public Guardian and others [2021]Continue reading “Much ado about financial deputies”
I’ve been notified about s21A proceedings, what do I do?
This is a question I get asked a lot, so I will try to talk you through the process as well as I can, both for professionals and family members. If you don’t know what s21A proceedings are, don’t worry, not many people do. They are very specialised proceedings in the Court of Protection broughtContinue reading “I’ve been notified about s21A proceedings, what do I do?”
Here’s the thing with DoLS… Reflections on the LGO’s recommendations to Kent County Council
I, like many of you, have been following the latest chapter in the DoLS saga with interest. I am referring, of course, to the Local Government Ombudsman’s report regarding Kent County Council’s delays in processing standard authorisations and Kent County Council’s, frankly very honest, response to those Ombudsman’s recommendations. The circumstances reported to the OmbudsmanContinue reading “Here’s the thing with DoLS… Reflections on the LGO’s recommendations to Kent County Council”
Social care law in the spotlight: what if Britney Spears’ conservatorship was in the English courts…
I think now is a very interesting time to be an adult social care lawyer (or community care lawyer as it is referred to at my new place of work). We tend to slip by under the radar and it’s certainly not a specialism that attracts attention the way criminal law does, for example. ButContinue reading “Social care law in the spotlight: what if Britney Spears’ conservatorship was in the English courts…”