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Howard Smith

| Call 1986

Profile: Court of Protection

Experience and Expertise

Howard has long experience in advising on and appearing in cases in the Court of Protection, in particular in property & affairs cases and also on health & welfare issues. He has represented parties in many cases involving statutory wills; appointment and removal of deputies; enduring powers of attorney (EPAs) including disputes as to the validity of EPAs, suitability of attorneys and removal of attorneys; lasting powers of attorney (LPAs); breaches of duty by deputies and attorneys; approval of gifts, applications involving residence issues, acquisition and disposal of property, “after the event” approval of gifts and other transactions, settlements, conduct of litigation on behalf of P and other “best interests” applications.

Howard regularly advises deputies in relation to issues arising out of their deputyships, both in relation to Court of Protection issues and in relation to other issues involving the deputyship (eg lease renewals, getting in the estate, pursuing claims on behalf of P, maintaining and disposal of business on behalf of P). He acts in relation to personal welfare issues and is often asked to advise in relation to sensitive and confidential cases.

Howard has appeared in numerous cases in the Court of Protection, including leading cases under the Mental Health Act 1983 and the Mental Capacity Act 2005. He was counsel for the deputy in Re M [2011] 1WLR 344 (statutory wills and best interest decisions under the Mental Capacity Act 2005), Re P [2010] WTLR 1405 (best interest decisions on appointment of deputy and personal welfare applications in the Court of Protection), Re R [2003] WTLR 1051 (statutory wills under the Mental Health Act 1983).

He has also given many talks, seminars and webinars (LexisNexis) on Court of Protection issues.

Howard Smith
“Experienced property and affairs practitioner Howard Smith takes very well to Court of Protection work, according to leading figures in the area. His practice consists of a healthy mix of contentious work before the court proper and advice to panel deputies on how they function in the role and the implications of decisions they make on behalf of their charge”

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