The following Private Client guidance note provides comprehensive and up to date legal information covering:
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 application form has been issued.
This Practice Note focuses on the rules governing the notification of P and other interested persons. For an explanation of the rules relating to the service of documents on respondents, see the Practice Note: Court of Protection—service of documents. It is worth noting, however, that the provisions of Part 6 of the Court of Protection Rules 2017 (COPR 2007) and Practice Direction 6A—Service of documents (PD 6A) apply similarly to notification as they do to service.
For information on how to commence an application and apply for permission, if necessary, see the Practice Notes: Making an application to the Court of Protection and Court of Protection—permission to apply.
COPR 2017, r 9.10 and Practice Direction 9B—Notification of other persons that an application form has been issued, para 4 (PD 9B) provide that the applicant must seek to identify at least three people who are likely to have an interest in being notified that an application form has been issued. The applicant should notify these persons as soon as practicable and in any event within 14 days of the date on which the
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234