1,126 applications relating to deprivation of liberty were between July and September 2018, up 5% on the number made in the same quarter last year. However, orders made decreased by 7% over the same period, from 569 to 610 respectively.
Alongside those proceedings, 7,900 applications were made under the Mental Capacity Act 2005 (MCA), down 2%, 53% of which related to applications for appointment of a property and affairs deputy. In comparison, there were 9,148 orders made under the MCA, 9% down, 33% of which related to the appointment of a deputy for property and affairs.
As for LPAs, 201,753 were received, up 4%. The rate of increase is now levelling off after the explosion of applications following the introduction of online applications in 2015. There were 2,480 Enduring Powers of Attorney (EPAs) in July to September 2018, down 11% on the equivalent quarter in 2017.
Private Client analysis: Elizabeth Fox, barrister at Serjeants’ Inn Chambers, advises that this case provides a reminder as to the importance of consulting families and ascertaining the individual’s wishes and feelings, and the values and beliefs underlying those wishes, prior to bringing an application for withdrawal of treatment.
The Court of Protections aim is to help people who are mentally incapable of making their own decisions. It does this by making decisions for them about their money, property, health or welfare.
The article authored by Tom Evans, titled 'Mental Capacity and Crochet', has been re-tweeted by the Secret Barrister to over 200,000 followers and has now been published on the Justice Gap legal blog.
The article can be found here: https://www.thejusticegap.com/capacity-and-crochet-unpicking-the-truth-of-mental-capacity-and-the-law/
The article is the first in a series of 'Deputy Diaries' which will address many of the issues encountered by the Court of Protection ('COP'). The Vantage Law legal blog will host all upcoming articles and also provides a space for professionals, practitioners and users of the COP to share their experiences.
The Vantage Law blog can be accessed at https://www.vantage-law.co.uk/
We are here to help you.
Call us today on: