Court of Protection: Shaping New Law into Solution-Focused Answers for Your Clients

Capacity evidence

How is the Court dealing with the particular difficulties of (1) distorted memories, (2) false beliefs and (3) personality change?

What if capacity fluctuates?

Answered by: John McKendrick QC of Outer Temple Chambers

John is "one of the best COP silks out there." "He comes up with highly creative solutions to difficult issues." He served as Attorney General for the Caribbean island of Anguilla.

Wishes

What are the options and best practice advice when distinguishing a wish from (1) a valid Advance Decision to Refuse Treatment and (2) a valid will?

Answered by: Fiona Scolding QC of Landmark Chambers

Fiona is "brilliant - incredibly persuasive and a scarily good QC." She is senior counsel to the Independent Inquiry into Childhood Sexual Abuse and sits as a Deputy District Judge.

Welfare deputies

In appointing welfare deputies, what is meant in practice by "only in the most difficult cases"?

When and how are such appointments necessary?

Answered by: Claire van Overdijk of Outer Temple Chambers

Claire is co-editor of Court of Protection Practice and Mental Capacity Law and Practice and short-listed as "Advocate of the Year 2020". "She is utterly dedicated to her cases."

Conflict of interest

How has ACC & Others [2020] changed existing thinking and best practice over solicitor deputies instructing their own law firms?

Answered by: Ruth Hughes of 5 Stone Buildings

Ruth acted in the hotly contested ACC & Others [2020] over conflict of interest. "She is pragmatic, responsive, sensitive to clients and doesn't sit on the fence."

Conduct

How do you gain an edge for your client when contending with attorneys or deputies suspected of financial abuse and recovering misappropriated monies?

Answered by: Edward Cumming QC of XXIV

Edward is "a superstar in the making - so bright you get the feeling that there isn't anything that he doesn't know." He acted in Re K over a substantial and high-profile estate.

Statutory wills

How do you control - and overcome - difficulties with statutory will applications, supported by case-law and practical examples?

Answered by: Mark Dubbery of Pump Court Chambers

Mark has "a real gift for providing straightforward, user-friendly advice on complicated problems." He has a particular talent for handling Statutory Will cases.

Autonomy

How deftly is the Court treading the line between autonomous decision-making and safeguarding vulnerable adults from potential harm?

Answered by: Sam Karim QC of Kings Chambers

Sam acted in B v A Local Authority, the first reported case on the capacity to make decisions about social media and the internet. "He is a calm voice in a storm."