News & Events
News & Events
Discharging a deputy is not a step that would be taken lightly and professional deputies should not expect to step aside merely because they consider it to be necessary. Alex Cisneros’ article is published in Trusts and Estates Law & Tax Journal where he discusses a recent case concerning discharging deputies in the Court of Protection. In this article, originally published in Trusts and Estates Law & Tax Journal, Alex Cisneros considers the circumstances when a court will discharge a deputy. He explores the case of Kambli v The Public Guardian [2021] EWCOP 53 in which Claire van Overdijk, also of Outer Temple Chambers, appeared as counsel for the applicant. Discharging a Court of Protection deputy is not a step…
Private Client & Trusts, Legal Blog & Publications, News 7 Apr, 2022
Alex Cisneros appeared in a recent reported case before the Court of Protection, in which the Court investigated an unusual situation involving restrictions imposed on a young man at serious risk of offending. The case involved a young man with a history of offending and variable compliance with authorities. There was a risk, given his offending history and drug and alcohol reliance that the court would be forced to place him in a highly restrictive environment. Ultimately, the local authority adopted a multi-disciplinary approach and a solution was found. Alex Cisneros represented the local authority, who the court thanked for its “hard work” to find a safe placement for the protected party that would not be unnecessary restrictive. The case…
News, Public Law 9 Dec, 2021
Private Client barristers Claire van Overdijk and Alex Cisneros consider the benefits and challenges of creating a Lasting Power of Attorney during the current COVID-19 pandemic. So much has changed in the last few weeks and the legal industry is no exception. Claire and Alex provide guidance on what can be done during COVID-19, taking examples from other jurisdictions where witnessing LPAs by video link has been permitted through emergency laws. They explore where LPAs developed from and how the legal conceptualisation of substituted decision has been codified in various statutory materials. They also look at two requirements for making an LPA where mistakes are often made; providing a certificate and witnessing signatures. Finally, the article considers business LPAs as…
Covid-19, News, Private Client & Trusts during Covid-19 22 Apr, 2020
