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Government Guidance on Lasting Powers of Attorney

The government provides guidance on its website on Lasting Powers of Attorney (LPAs), including how to make and register an LPA, choosing an attorney and when you need to report changes. An LPA is a legal document that allows you to appoint one or more...

ICO Guidance on Data Protection and Information Rights

The Information Commissioner's Office (ICO) provides guidance for the public on data protection and information rights on its website. Guidance is available on the following topics: making a Subject Access Request to find out if an organisation is...

Woman Succeeds in Getting Defamatory Social Media Posts Removed

A woman who was subjected to defamatory posts on Facebook has succeeded in having them removed after taking legal advice. The woman and her husband had started to feed and look after a cat that had been coming into her garden. The cat subsequently...

Spinal Surgery in Best Interests of Man Who Lacks Capacity

When patients lack capacity to decide whether to undergo medical treatment, the Court of Protection is often called upon to decide what is in their best interests. Recently, the Court ruled that it was in the best interests of a young man to undergo surgery...

Court Refuses Application to Withdraw Life-Sustaining Treatment

When deciding what is in the best interests of a patient who lacks capacity to make decisions about their care, the courts will take into account any wishes and feelings the patient has previously expressed, as well as the medical evidence. Recently, the ...

High Court Declines to Make Deprivation of Liberty Order

The High Court has refused to make a Deprivation of Liberty order sought by a local authority in respect of a 17-year-old boy. The boy was estranged from his parents and had been accommodated by the local authority since shortly after his 16th birthday....

Observer Granted Order for Disclosure of Position Statements

In a guideline case, the Court of Protection has granted an application by an observer to a hearing for disclosure of the parties' position statements . The proceedings related to a patient who was suffering from a prolonged disorder of consciousness. The...

Court Rules Man's Life-Sustaining Treatment Should Continue

When deciding what is in the best interests of a patient who lacks capacity to make decisions about their care, the courts will take into account any wishes and feelings expressed by the patient as well as the medical evidence. Recently, the Court of...

Man in Care Home in Wales Habitually Resident in Spain

Paragraph 7 of Schedule 3 of the Mental Capacity Act 2005 gives the Court of Protection the power to exercise its functions under the Act in relation to an adult who is habitually resident in England and Wales. It is therefore sometimes necessary for the...

Golf Club Ordered to Reinstate Member Accused of Cheating

In certain circumstances, a member of a club whose membership is unfairly terminated may be able to obtain legal redress. In a recent case, a woman who was expelled from a prestigious golf club after she was accused of cheating in a competition has succeeded...
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