Court of Protection

From WikiMentalHealth

The new Court of Protection was set up under the Mental Capacity Act 2005. It can make decisions on whether a person has capacity in relation to particular decisions, make decisions on their behalf, appoint or remove people who make decisions on people's behalf, and make decisions relating to Lasting Powers of Attorney or Enduring Powers of Attorney.

See also

Court of Protection Rules 2007

Office of the Public Guardian

Mental Capacity Act 2005 (Transfer Of Proceedings) Order 2007

Updates

April 2010 update

Victoria Butler-Cole and Alex Ruck Keene, 'Best interests proceedings - an update', 39 Essex Street, April 2010 - This article summarises case law from the previous 12 months, and provides practical advice for local authority applicants.

• The cases referred to in the document above are: Re F (2009) EWHC B30 (Fam), KD and LD v LB Havering (2009) EW Misc 7 (EWCOP), LB Enfield v SA (2010) EWHC 196 (Admin), Independent News and Media Ltd v A (2010) EWCA Civ 343, Re P (2009) EWHC 163 (Ch), Dorset CC v EH (2009) EWHC 784 (Fam), Re Allen (2009) COP 21/7/09, DCC v KH (2009) COP 11729380, Salford City Council v BJ (2009) EWHC 3310 (Fam), G v E (2010) EWHC 621 (Fam), W Primary Care Trust v TB, Re Brammall (2009) EWHC 1737 (Fam), GJ v The Foundation Trust (2009) EWHC 2972 (Fam), R v C (2009) UKHL 42, X City Council v MB, re MAB (2006) EWHC 168 (Fam), A Local Authority v MA, re SA (2005) EWHC 2942 (Fam), Re JK (unreported, July 2009), Re P and OM

July 2010

Mondaq: 'The Court Of Protection – Recent Cases And Comments On Procedure', Alexis Hearnden, Victoria Butler-Cole and Alex Ruck Keene - 1/7/10

August 2010

Alex Ruck Keene and Victoria Butler-Cole, 'Court of Protection Update: August 2010', 39 Essex Street, 17/8/10.

• The cased referred to are: Re P (2010) EWHC 1592 (Fam), RT v LT (2010) EWHC 1910 (Fam), BB v AM (2010) EWHC 1916 (Fam), Re MN (2010) EWHC 1926 (Fam), G v E, Manchester City Council and F (2010) EWHC 2042 (Fam), London Borough of Havering v LD and KD (2010) COP 1144388/03, Re RC (Deceased), SC v LB Hackney (2010) COP 11639140, Re D (Statutory Will), VAC v JAD (2010) EWHC 2159 (Ch); also, a summary of the Court of Protection Rules Committee report

External resources

Judiciary website:

• Court of Protection: 2009 Report - published 10/6/10 - This first report of the Court of Protection, covering the period from 1/10/07 to 31/12/09, describes the work undertaken by the court and summarises several reported decisions

HMCS website:

• Forms - Choose "Court of Protection" as Work Type to see all the forms, which are now on the HMCS website (on 1/4/09 the COP administration transferred from the OPG to HMCS)

Office of the Public Guardian:

• Wrigleys Solicitors: A Practitioner's Guide to Court of Protection Property Procedures - updated December 2009

• Asking the court to make a decision

• Court appointed deputy - the roles and duties

Related book