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Court of Protection Case Report

Denzil Lush, Master of the Court of Protection, summarises a decision of Mr Justice Rattee on switching jurisdictions between the Enduring Powers of Attorney Act and the Mental Health Act

1 November 1997

Denzil Lush, Master of the Court of Protection, summarises a decision of Mr Justice Rattee on switching jurisdictions between the Enduring Powers of Attorney Act and the Mental Health Act

The Law Commission, in Consultation Paper No. 128 (HMSO 1993) page 65, said: "Some commentators have suggested that the barriers between receivership and enduring powers of attorney may have been too tightly drawn and more flexibility should be introduced. Therefore while we acknowledge the conceptual difference between the two schemes we think there is some force in the argument that there are benefits in switching jurisdictions. "

The following case involves switching between the Enduring Powers of Attorney Act 1985 and the Mental Health Act 2983. It was referred to the nominated judge by my predecessor, Mrs A. B. Macfarlane, two days before she retired. The matter was heard by Mr Justice Rattee on 23 January 1996. His judgement, which has not yet been ...

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