Court of Protection
“A superb advocate with exceptional gravitas and erudition” Neil Cadwallader is a highly rated barrister of over 30 years practice.
As part of his chancery practice Neil has substantial experience of aspects of Court of Protection work. His experience includes:
- Litigation involving issues of capacity and undue influence
- Defending TOLATA claim on behalf of a person lacking capacity
- Mediation of a property dispute involving a patient
- Contentious probate claims over capacity to make a will
- Claim for care/nursing home fees against a person lacking capacity
- Bankrupt patient; application by trustee for order for sale of property
- Inheritance (Provision for Family and Dependents) Act 1975 claims involving person lacking capacity
- Taking instructions for and drafting the wills of Court of Protection patient
- Preparing the application to the Court of Protection for authority to execute a will on behalf of a patient
- Advising deputies on how to approach the issue of the patient’s desire to move to a much more expensive nursing/care home; questions of extent of capacity;, ability to communicate; best interests meeting; mental capacity advocate; seeking direction from the Court of Protection
Neil is himself a Court of Protection deputy for a relative.