The following Private Client guidance note provides comprehensive and up to date legal information covering:
Applications to the Court of Protection (the court) are governed by the Court of Protection Rules 2017 (COPR 2017) and the Court of Protection Practice Directions rather than by the Civil Procedure Rules 1998 and the related practice directions. It is suggested that an individual making an application to the court identifies the applicable provisions in the COPR 2017 and the relevant Court of Protection Practice Direction(s).
In respect of all applications, the appropriate forms must be used in the cases to which they apply, with such variations as are required, but not so as to omit any information or guidance which any form gives to the intended recipient.
Applications to the court to start proceedings should be made by filing a COP1 application form, which must:
state the matter which the applicant wants the court to decide
state the order which the applicant is seeking
name the applicant (identifying their capacity if applying in a representative capacity)
name the person lacking capacity (P)
name, as respondent, any person other than P whom the applicant reasonably believes to have an interest such that he should be heard in relation to the application as opposed to merely notified under COPR 2017, r 9.10, and
name any person who is entitled to be notified under COPR 2017, r 9.10 rather
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