Court of Protection

Court of Protection guidance:

Although the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always the best solution. When it is not, the...

Practice Note

A protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is medical evidence of incapacity. The court is then able...

Practice Note

Although the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always the best solution. When it is not, the...

Practice Note

Part of the deputy’s responsibility is making sure that P is receiving all state benefits to which they are entitled. The main benefits for which P is most likely to be...

Practice Note

The Court of Protection Rules 2017 (COPR 2017), SI 2017/1035 were laid before Parliament on 30 October 2017 and came into force on 1 December 2017. COPR 2017 revoke the...

Practice Note

There are court fees and disbursements which will be payable by all applicants on making a new application to the court. In addition, fees are payable to the supervisory...

Practice Note

The role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental Health Act 1983 in the form of the 'Lord...

Practice Note

The Court of Protection Rules 2017 (COPR 2017) have the overriding objective of enabling the court to deal with a case justly and at proportionate cost, having regard to...

Practice Note

Once the application form has been issued, the next step is for copies to be served and to notify the person who lacks capacity (P) and other interested persons that the...

Practice Note

For certain applications to the Court of Protection (the court), the applicant used to have to obtain permission to apply before he could commence proceedings. However,...

Practice Note

Case No. [insert] [IN THE COURT OF PROTECTION] [SITTING AT THE [Insert court] CIVIL JUSTICE CENTRE] [IN THE MATTER OF THE MENTAL CAPACITY ACT 2005] [IN THE MATTER OF...

Precedents

Introduction This Practice Note sets out when decisions made by the Court of Protection can be reconsidered; how they can be appealed, and the basis upon which appeals...

Practice Note

BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Practice Direction 9D—Application by currently appointed deputies, attorneys and donees in relation to P’s property and affairs (PD 9D), made under rule 9.11 of the Court...

Practice Note

Brexit impact: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May 2019. This Act amends the Mental Capacity Act 2005, replacing the current...

Practice Note

For all those appointed by the Court of Protection to act as a deputy for property and financial affairs or health and welfare, either as a lay deputy or a professional...

Practice Note

Duties The duties of court-appointed deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and the Mental Capacity Act 2005 Code of Practice (MCA 2005 Code of...

Practice Note

Digital assets survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that asset, whatever their age....

Practice Note

Deputies appointed in respect of a protected party’s (P’s) property and affairs are frequently involved in the establishment of a care regime. Although a property and...

Practice Note

A fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve contested factual issues in the proceedings. When is a fact-finding...

Practice Note

A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection appoints a deputy is...

Practice Note

On the settlement of P's personal injury or clinical negligence case, the deputy must consider how best to invest the damages award. Short term investments The task of...

Practice Note

A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection appoints a deputy is...

Practice Note

Produced in partnership with Alex Ruck Keene and Michelle Pratley both of 39 Essex Chambers. BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU...

Practice Note

Note that this Practice Note addresses only English law. Following devolution there are now differences between the English and Welsh rules on many aspects of the...

Practice Note