September 2018 update

Website

  • Magic Book. The Magic Book is a database of contact details. The main idea is to add the hospitals and other places you visit (not just your own place of work). To create/edit contacts, there is no need to log in and the process is very quick and simple. See Magic Book
  • Mental Health Law Online CPD scheme: 12 points for £60. Obtain 12 CPD points online by answering monthly questionnaires. The scheme is an ideal way to obtain your necessary hours, or to evidence your continued competence. It also helps to support the continued development of this website, and your subscriptions (and re-subscriptions) are appreciated. For full details and to subscribe, see CPD scheme.

Case law

  • Deputyship case. PBC v JMA [2018] EWCOP 19 — "PBC is the son of JMA, and was appointed as her sole attorney for property and affairs by a Lasting Power of Attorney ... He seeks the authority of the Court to make from JMA’s estate various gifts together exceeding £7 million. The purpose of such gifting, openly stated from the outset of the application, is to achieve - as long as JMA lives at least a further 3 years - reduction of inheritance tax liabilities. The parties have reached an agreement between themselves. Together, they ask the Court to make orders to give effect to their agreement. The matter was listed for hearing because the Court sought assistance in order to reach a conclusion as to whether or not the terms of that agreement are in the best interests of JMA."

Legal Aid

  • New mental health Legal Aid form. CW 1&2 (MH) (v13, September 2018). See Legal Aid forms

Court of Protection

  • COP guidance (2016). Alex Ruck Keene, 'Bulk tenancy applications' (Court of Protection Handbook, 21/10/16) — This blog post notes that any application in relation to bulk tenancy applications will now be met with the following response: "The previous guidance, which was drawn up following an approach by the Association of Public Authority Deputies and other court users, has been withdrawn. That had indicated that the court was prepared to deal with all of the adults required to sign the tenancy agreement(s) in a single bulk application. Attention has been drawn to the fact that the Court of Protection Rules 2007 make no provision for bulk applications to be made. It is not possible, as the rules stand at present, to entertain an application made on that basis."
  • Law Society LPS briefing paper. Law Society, 'Parliamentary brief: Mental Capacity (Amendment) Bill 2018: HL committee stage' (3/9/18) — This briefing paper on the Mental Capacity (Amendment) Bill 2017-19 contains the following headings: (1) Introduction; (2) Executive summary; (3) Principles of a new safeguarding framework; (4) Putting the person at the centre of the Mental Capacity Act; (5) Underpinning principles in the MCA 2005 and UNCRPD; (6) Assessment processes; (7) Independent scrutiny and safeguards; (8) Review processes; (9) Removal of the power to place conditions on authorisations; (10) Challenging authorisations; (11) Application of the LPS to 16 and 17-year olds. The Law Society's website summarises it as follows: "The Law Society believes that the proposed statutory scheme in the Mental Capacity (Amendment) Bill would weaken important safeguards provided under the existing Deprivation of Liberty Safeguards scheme. Any statutory scheme which permits the state to deprive someone of their liberty for the purpose of providing care and treatment must be robust and comprehensible. As it stands, we do not believe that the proposed Bill has sufficient safeguards and is not fit for purpose in its current form. It requires serious re-consideration and extensive revision. This briefing sets out the Law Society's views and makes recommendations for changes to make the Bill fit for purpose."

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