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England and Wales Case Law

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Court of protection

Re Various Applications in respect of Direct Payments

The Court of Protection held that managing Direct Payments is not covered by standard property and affairs deputyship and requires specific mixed authority.

  • Deputyship authority
  • Direct payments
  • Property and affairs
  • Health and welfare
  • Retrospective authority
  • Supervision by public guardian
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Mental capacity law

XY, Re

The authority of welfare deputies is limited to the specific powers positively conferred by the deputyship order; decisions about internet and social media use are not included unless expressly stated. The Court of Protection retains the power to make best interests decisions even where a deputy has authority and is willing to act. It is not in XY's best interests to vary the deputyship order to include authority over internet and social media use at this time.

  • Deputyship authority
  • Best interests decisions
  • Internet and social media use
  • Variation of deputyship orders
  • Court of protection powers
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Mental capacity law [2025] EWCOP 55

XY, In the Matter Of

XY, In the Matter Of [2025] EWCOP 55 (T2) (06 March 2026)

The Court of Protection held that welfare deputies did not have authority over XY’s internet and social media use, and refused to vary the order.

  • Deputyship authority
  • Best interests decision-making
  • Internet and social media use
  • Scope of welfare deputyship
  • Variation of deputyship orders
  • Deputyship-authority
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Mental capacity [2021] EWCOP 56

Calderdale MBC v AB & Ors (Order)

Calderdale MBC v AB & Ors (Order) [2021] EWCOP 56 (06 August 2021)

The Court of Protection held that a property and affairs deputy’s standard authority does not include decisions about an adult’s care and support needs under s.32(4)(a) Care Act 2014.

  • Deputyship authority
  • Direct payments
  • Care act 2014
  • Deprivation of liberty
  • Care and support needs
  • Deputyship-authority
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.