Court of Protection

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Practice notes
Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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19th May
Practice notes
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Practice notes
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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19th May
Practice notes
Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
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19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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19th May
Precedents
Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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19th May
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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19th May
Practice notes
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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19th May
Q&As
Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes
Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes
Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May

Most recent Court of Protection content

Practice notes
Property transactions involving protected personsSelling, buying and leasing property for PA deputy can be involved in a number of different property...
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Produced in partnership with Thomson Snell & Passmore 15th Aug
Practice notes
Court of Protection VisitorsThe role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental...
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15th Aug
Practice notes
Property and financial affairs LPAs and deputyships—comparison of attorney and deputy powersFORTHCOMING CHANGE: The Ministry of Justice and the Office...
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15th Aug
Practice notes
Property and finance decision making in the Court of ProtectionThe principlesThe decision maker must firstly consider the principles as set out in...
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Produced in partnership with Patricia Wass of Enable Law 15th Aug
Practice notes
Powers of the Court of ProtectionIntroductionThe powers of the Court of Protection (the court) are set out in the Mental Capacity Act 2005 (MCA 2005)...
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15th Aug
Q&As
Does an application for a deputyship order have to be made within a certain time period of a COP3 (assessment of capacity form) having been...
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Produced in partnership with Kate Selway of Radcliffe Chambers 15th Aug
Q&As
Having already applied to the Court of Protection to appoint a deputy, is there a further application that needs to be made to allow for the sale of...
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15th Aug
Q&As
Can someone with a criminal record apply to be a deputy to the Court of Protection?Practice Note: Choosing the deputy, explains who may make an...
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15th Aug
Q&As
If a person who lacks capacity resides in India, would the Court of Protection have any jurisdiction to appoint a deputy, if there is potential for...
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15th Aug
Q&As
The donor of a lasting power of attorney (LPA) gifted a bank account to X under their Will. Does the gift adeem if the donor's attorney under a LPA...
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15th Aug
Q&As
A is the beneficiary of personal injury trust. A's spouse, B, receives means-tested benefits. Is there any reason why B should not act as trustee of...
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15th Aug
Q&As
Is it possible to sever a joint tenancy and create a tenancy in common of registered property where the fellow co-owner lacks mental capacity?Practice...
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15th Aug
Q&As
Can a court appointed deputy have parental responsibility? Can a court appointed deputy open a JISA?Parental responsibilityFor background, see the...
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15th Aug
Q&As
What happens where an individual lacking capacity is not happy with the professional deputy proposed by their family?See Practice Note: Choosing the...
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15th Aug

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