Urgent Applications in the Court of Protection

Commentary

SOURCE CURRENCY
2nd Edition, March 2014

The 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.