Although the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always the best solution. When it is not, the...
A protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is medical evidence of incapacity. The court is then able...
Although the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always the best solution. When it is not, the...
Part of the deputy’s responsibility is making sure that P is receiving all state benefits to which they are entitled. The main benefits for which P is most likely to be...
The Court of Protection Rules 2017 (COPR 2017), SI 2017/1035 were laid before Parliament on 30 October 2017 and came into force on 1 December 2017. COPR 2017 revoke the...
There are court fees and disbursements which will be payable by all applicants on making a new application to the court. In addition, fees are payable to the supervisory...
The role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental Health Act 1983 in the form of the 'Lord...
The Court of Protection Rules 2017 (COPR 2017) have the overriding objective of enabling the court to deal with a case justly and at proportionate cost, having regard to...
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...
For certain applications to the Court of Protection (the court), the applicant used to have to obtain permission to apply before he could commence proceedings. However,...
Introduction This Practice Note sets out when decisions made by the Court of Protection can be reconsidered; how they can be appealed, and the basis upon which appeals...
BREXIT IMPACT: The UK has voted to leave the EU and is due to leave on exit day, as defined in section 20 of the European Union (Withdrawal) Act 2018. In order to prepare...
Practice Direction 9D—Application by currently appointed deputies, attorneys and donees in relation to P’s property and affairs (PD 9D), made under rule 9.11 of the Court...
Brexit impact The UK has voted to leave the EU and is due to leave on exit day, as defined in section 20 of the European Union (Withdrawal) Act 2018. The...
FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May 2019. This Act amends the Mental Capacity Act 2005, replacing the current...
For all those appointed by the Court of Protection to act as a deputy for property and financial affairs or health and welfare, either as a lay deputy or a professional...