Urgent Applications in the Court of Protection Second edition
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Why should you buy Urgent Applications in the Court of ProtectionThe second edition of this definitive and valuable practitioners’ handbook has been fully updated and re-structured to take account of all the latest legislation, case law, court forms and precedents.
In particular, there is a new and comprehensive section on Deprivation of Liberty and the relevant safeguards; new chapters on Disclosure, Restrictions on Publication and Attendance by Representatives of the Media have been added and tips on how to avoid pitfalls in making applications for property and affairs, personal welfare orders and registering Enduring and Lasting Powers of Attorney. Also included are the Mental Capacity Act 2005 and the Practice Guidance on the Transparency in the Court of Protection publication of Judgments.
The enlarged jurisdiction has introduced formal rules and procedures which must be followed. Court users therefore need to be familiar with the new regime, particularly where there is a degree of urgency, in order to ensure that applications are made in the correct form and contain the appropriate supporting information.
This fully updated and re-structured new edition is an invaluable guide for professionals working with incapacitated adults, including barristers, solicitors, local authority lawyers, health authorities and NHS Trusts, which covers all relevant topics from the perspective of the Court of Protection user faced with making an urgent application. For each topic there is a law and practice section, procedural guide, precedents and draft orders.
It is now over two years since the implementation of the Mental Capacity Act 2005. Despite some well-publicised criticisms, it has achieved the fundamental objectives of improving perceptions of incapacity and how they should be approached. It has settled the principles which underpin decision making for those who lack capacity by incorporating common law jurisprudence and best practice into statute. It has unified the previously disparate areas of finance and personal welfare (including medical treatment), and brought them under the jurisdiction of a new Court of Protection with its own specialist judges. The legislation is supported by a statutory Code of Practice, and the court procedure has a framework of rules and practice directions. Read the full foreword...
The authors have been pleased to note that the first edition of this title was so well received; hence this updated second edition. New, is the tracking of the unfolding of the Mental Capacity Act 2005, as this new jurisdiction has become embedded in our legal system, and analysis of case law which has underpinned its interpretation.
Good practice is essential in all court proceedings. The Civil Procedure Rules 1998 led the way for reform of procedure and practice across all jurisdictions. The Court of Protection Rules 2007, based on the Civil Procedure Rules, provide simple clearly defined procedures from the start to the finish of the various applications which the court may be called upon to deal with. Each Part of the Rules is supplemented by a Practice Direction, which amplifies the provisions of the rules. Read the full preface...
Table of contents
- Foreword to the First Edition
- Table of Cases
- Table of Statutes
- Table of Statutory Instruments
- Table of Practice Directions and Codes of Practice
- List of Abbreviations
- Part I - General
- General Principles
- Part II - Property and Affairs
- Appointment of a Deputy by the Court, Objection to the Appointment of a Deputy or Suspension and Discharge of a Deputy
- Enduring Powers of Attorney
- Lasting Powers of Attorney
- Statutory Wills
- Part III - Personal Welfare (Including Health)
- Welfare Decisions – Marriage, Sexual Relations, Residence and Contact
- Urgent Medical Treatment
- Serious Medical Treatment
- Part IV - Deprivation of Liberty
- Deprivation of Liberty
- Part V - Children
- Part VI - Publicity and Disclosure
- Publicity, Restrictions on Publication and Attendance by Representatives of the Media
- Part VII - Enforcement and Appeals
- Part VIII - Appendices
- Mental Capacity Act 2005
- Transparency in the Court of Protection Publication of Judgments