Court of Protection—Position Statement

The following Private Client precedent provides comprehensive and up to date legal information covering:

  • Court of Protection—Position Statement

Court of Protection—Position Statement

Case No. [insert]

[IN THE COURT OF PROTECTION]

[IN THE MATTER OF THE MENTAL CAPACITY ACT 2005]

[IN THE MATTER OF [Insert name of P]]

BETWEEN:

[Insert name of applicant] (the Applicant)

and

[Insert name of first respondent] (the First Respondent)

and

[Insert name of second respondent] (the Second Respondent)

and

[Insert name of third respondent] (the Third Respondent)

_______________________________________________________________

POSITION STATEMENT OF [Insert name of party] Applicant [[FIRST] [SECOND] [THIRD] RESPONDENT OR [INTERIM DEPUTY]] FOR THE [DIRECTIONS] HEARING ON [insert date of hearing]

_______________________________________________________________

Essential pre-reading:

  1. Order dated [insert the dates of any previous orders]

  2. Medical Report of Dr [insert name of doctor] dated [insert date]

  3. Witness Statement of [insert name of deponent] dated [insert date]

Introduction

    1. 1

      This Position Statement is prepared for the hearing which is listed before District Judge [insert name of judge], sitting as a judge [in OR of] the Court of Protection, on [insert date of hearing] on behalf of [insert name of party] who is the [Applicant OR First/Second/Third Respondent OR [Interim] Deputy] in this matter [who are [insert any relationship to P] OR who was appointed by the Order of District Judge [insert name of judge] dated [insert date of order]] and sets out the position of the [Applicant OR 1st/2nd/3rd Respondent OR [Interim] Deputy] in relation to the matters which it is submitted, the court will need to

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