This popular major work provides a detailed and authoritative guide to the enhanced jurisdiction with a similar style and format to The Family Court Practice and Civil Court Service. Written by a team of lawyers involved in the implementation of the Mental Capacity Act 2005, Court of Protection Practice provides valuable procedural guidance for all judges hearing cases in the Court of Protection. As the jurisdiction evolves, it is also vital for practitioners to have up-to-date information in order to act efficiently and accurately for clients. NEW FOR 2014 PART I - All chapters have been updated, with particular note to: New Chapter 5 on Gifts, Statutory Wills and Settlements; Extensive updates pertaining to: serious medical treatment cases; Deprivation of Liberty Safeguards; and areas on the fringes of the MCA, such as the inherent jurisdiction of the High Court, the overlap with judicial review, the overlap with civil proceedings and the jurisdiction of the Court of Protection to grant declarations and award damages for breaches of the European Convention on Human Rights; Discussion of the President's new Practice Guidance documents relating to contempt of court applications PART II - Procedural guides updated PARTS III-V - Up-to-date legislation (including Court of Protection Rules and relevant parts of the Civil Procedure Rules), with extensively revised commentary PART VII - The latest COP forms, which will appear in COPP online as fillable PDFs (with the advantage that users can fill them in neatly, correct errors, save the forms and print multiple copies) PART VIII - New precedent orders covering statutory wills and cross-border placements PART IX - The latest case-law PART X - Updated questionnaires from Australia, Japan, Norway, Portugal and Slovenia Part XI - Expanded to include: the Hague Convention on the International Protection of Adults; Council of Europe Recommendation on Principles concerning Powers of Attorney and Advance Directives for Incapacity Recommendation; Council of Europe Recommendation on Principles concerning the Legal Protection of Incapable Adult Recommendation; and Transparency in the Family Courts and the Court Of Protection - Publication of Judgments: Draft Practice Guidance issued on 12 July 2013

Table of Contents

Text - based on Mental Capacity: Law and Practice (Jordans), which provides an entry point into the book Legislation - all relevant primary and secondary legislation appropriately annotated including: - Mental Capacity Act 2005 (as amended) - Court of Protection Rules 2007 - Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 - Mental Capacity Act 2005 (Transfer of Proceedings) Order 2007 - Practice Directions - Codes of Practice Procedural Guides - outlining the steps for making various court applications including: - Application to register an enduring power of attorney - Application to register a lasting power of attorney - Application for appointment of a deputy relating to property and financial affairs - Application relating to personal welfare matters - Proceedings in the High Court or a County Court involving a protected party - Resolving doubt about capacity under CPR 1998 Forms with Guidance Notes - covering the Court of Protection, Lasting Powers of Attorney and Enduring Powers of Attorney Precedent Orders - drafts that practitioners are encouraged to submit to the Court during case management First Instance Case Summaries - summarising how the law is being interpreted and indicating areas of difficulty International Dimension - information regarding relevant procedures etc in other countries Other Materials Useful Information - websites, address details etc

Author Biography

Gordon Ashton OBE Retired District Judge and Nominated Judge of the Court of Protection