Child Care Law and Children Law

In the breakdown of any relationship it can be difficult deciding on the best arrangements for the children, including where they should live and how often they should see the other partner. We will do our best to resolve these issues for you, again without the need for Court proceedings. If this is not possible then we can advise you on mediation and represent you in Court.

The common areas of our Children Law Practice include the following:

  • Care Orders
  • Secure Accommodation Orders
  • Child maintenance
  • Child Arrangement Orders (formerly Residence and Contact Orders) for parents or other family members
  • Prohibitive Steps Orders and Specific Issue Orders
  • Changing children’s Names
  • Applications to Court for Leave to Remove a Child from the United Kingdom

There are two types of proceedings about children: public and private.

  • Public Law – Involves your family with children’s services
  • Private Law- Involves disputes concerning where children should live, time they should spend with other adults after a divorce, civil partnership dissolution or separation.

Here at Clodes Solicitors we can provide advice on all aspects of Child care law so don’t hesitate in contacting us today.

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Clodes Solicitors
Clodes Solicitors
A common query we receive is that P has lost capacity - how does one remove an Attorney appointed under an LPA ?

The Mental Capacity Act 2005 under S.22 and S.23 gives the Court power to revoke an LPA or to determine any question as to the meaning or effect of a lasting power of attorney.

One must carefully consider whether the allegations have merit and who it is proposed would deal with the persons financial affairs should the LPA be revoked.

One could raise there concerns directly with the Office of The Public Guardian or the attorney.

Alternatively one could consider making an application to the Court of Protection to revoke the Power of Attorney and appoint X as a Deputy. If time is of the essence an application to the Court for Directions or Revocation maybe prudent following a letter before action.

If a person is considering a Court of Protection application they should seek legal advice before commencing.

Where a Court application for revocation is being considered the donor would need to be assessed by an expert to ascertain the following:

1. Does P have capacity to revoke their LPA ?
2. Can P validly enter into a new LPA ?
3. Does P lack capacity to request accounts from their attorney ?
4. Did P lack capacity to make the gift or relevant financial decisions at the relevant time ?

The Court can consider any past behaviour or apparent prospective behaviour by the attorney. Provided that X does not have capacity the Court has the power to take whatever steps it regards as appropriate in P's best interests, whether that be by revoking the LPA or by taking some other course.

If you have concerns about a loved ones Attorney contact Clodes Solicitors on 02920 765050 or at https://www.clodes-solicitors.com/service/lasting-power-of-attorney/ #solicitor #local

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