Decision making in respect of health and welfare

Practice notes

Urgent applications in the Court of Protection

Note that this Practice Note does not address specific practice alterations caused by the COVID-19 pandemic. These are addressed in this Practice...

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers. 9th Apr

Practice notes

Independent mental capacity advocates

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

9th Apr

Practice notes

Welfare and health decision making in the Court of Protection

Note that this Practice Note does not address specific practice alterations caused by the COVID-19 pandemic. These are addressed in Practice Note:...

Produced in partnership with Alex Ruck Keene of 39 Essex Street Chambers 9th Apr

Practice notes

Fact-finding hearings in the Court of Protection

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...

Produced in partnership with Alex Ruck Keene and Michelle Pratley of 39 Essex Chambers 9th Apr

Practice notes

Safeguarding and the Court of Protection

Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection and this Practice Note addresses how such issues...

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 9th Apr

Practice notes

Serious medical treatment cases in the Court of Protection

Medical treatment of those without capacity to consentGenerally, it is the patient's (P’s) consent which makes invasive medical treatment lawful....

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 8th Apr

Practice notes

Human rights and the Court of Protection

The issues for determination in the welfare jurisdiction of the Court of Protection are often deeply personal and almost always involve the exercise...

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 15th Mar

Q&As

Does a local authority need to apply to the Court of Protection for a personal welfare order in order to transfer an objecting and incapacitated adult from home to a care home at which a standard authorisation of the deprivation of liberty is to be granted by the Supervisory Body?

See the following content:Assessment of CapacityPractice Notes:•Mental capacity—an introduction•Mental Capacity Act 2005—the codes of...

5th Feb

Q&As

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required in order for the property to be sold? If the second co-owner has appointed a third party as their attorney and the second co-owner loses capacity, will this affect the ability to sell of the property? Would a deputyship order be appropriate in these circumstances?

You may find Lexis®PSL Property Practice Note: Buying land from trustees (including co-owners) helpful in relation to the sale of property by...

22nd Jan

Q&As

A person has a right to remain and live in a property which is owned by others until their death, provided that they maintain and insure the property. This person has dementia and is a possible harm to themselves and has not been maintaining the property. What steps should the owners take to safeguard the property and the occupant?

This Q&A assumes that the occupant is not occupying the property under the terms of a settlement and so have not considered any trustee duties or...

22nd Jan

Q&As

Can you get a child arrangements order for contact with a disabled adult (who is also your offspring and does not have full capacity) and what are the provisions for doing so?

A child arrangements order (CAO) is an order made under section 8 of the Children Act 1989 (ChA 1989) that provides:•with whom a child is to live,...

29th Nov

Q&As

In what circumstances should an application be made for the Court of Protection to consider the exercise of its powers under sections 16 and 17 of the Mental Capacity Act 2005 in respect of deciding where a person lacking capacity to make the decision should live?

Under section 16 of the Mental Capacity Act 2005 (MCA 2005), the Court of Protection has power to make one-off decisions on behalf of a person lacking...

29th Nov

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