Continue reading "Damages Awards: Keeping it in control"
Continue reading "Court Of Protection: Best interests"
Mr Jones suffered from dementia and lacked testamentary capacity and capacity to make significant lifetime gifts. He had an estate of approximately £2.3m and was intestate. The effect of his dying intestate would be that, following the statutory legacy of £250,000 plus personal chattels to his wife, Mrs Jones, outright, Mrs Jones would receive half of the remainder of the estate absolutely and his daughter from a previous relationship, Ms Dawson, would receive the other half of the estate.
Ms Dawson’s mother and Mr Jones had separated when she was a child whereupon Ms Dawson...
A, who was 18 years old, had received £5,000,000 in settlement of a claim for clinical negligence which had left her with cerebral palsy, epilepsy, cortical blindness, severe intellectual impairment and extreme behavioural problems. She lived at home with her parents and siblings. A professional with 25 years’ experience, David Ross of Simpson Millar, Solicitors, was appointed by the Court of Protection as deputy for her property and affairs. B, who was A’s brother, had not progressed at primary school as well as he could have during the build up to the trial in the High Cour...
Continue reading "Powers Of Attorney: Taken to task"
MRJ was born in 1932 and formally diagnosed with dementia in March 2009. In December 2011 her psychiatrist confirmed she had no capacity. Prior to moving into a care home at Christmas 2013 she had lived in sheltered accommodation.
On 3 March 2010 MRJ signed both a health and welfare and financial lasting powers of attorney appointing JT (her daughter) and KT (her grandson and JT’s son) jointly and severally. The attorneys applied to register the LPAs and the health and welfare LPA was registered on 11 June 2010.
There were technical defects with the financial LPA wh...
F is a 74-year-old retired rugby player with assets of £3m and was diagnosed with Alzheimer’s and dementia in 2006. The applicant (NT), who is F’s deputy, brought this application for a statutory will to be executed on behalf of F and for a statutory gift of £50,000 to be made to F’s 95-year-old mother (T). The respondents were the potential beneficiaries of such will. The statutory gift was uncontroversial, however the statutory will provisions were contested. Judge Behrens, in determining what terms would be in F’s best interests, had regard to previous authorit...