A Practical Guide to the Court of Protection

This practical guide introduces the Court of Protection, an explanation of the relevant legal framework and provides practical support with common applications to the court. The book contains various precedent documents and is the go-to resource for practitioners.



ABOUT THE AUTHOR



Holly Chantler is an experienced older and vulnerable client solicitor with particular expertise in dealing with complex issues relating to mental capacity, financial abuse, powers of attorney, advance decisions and the Court of Protection (contentious and non-contentious matters). Holly holds a number of professional appointments and qualifications, including as a Court of Protection panel deputy, panel guardian and a director of national organisations Solicitors for the Elderly and the Professional Deputies Forum. She also sits on the Court of Protection Rules Committee and acts as a professional stakeholder for the Ministry of Justice, Office of the Public Guardian and Court of Protection.



CONTENTS



Chapter One - Introduction to the Court of Protection

Chapter Two - Specific Tests of Capacity: The Information Relevant to the Decision

Chapter Three - When an Application to the Court of Protection May Be Required

Chapter Four - Common Applications to the Court of Protection

Chapter Five - ACC & Ors (Property and Affairs Deputy; Recovering Assets Costs for Legal Proceedings) [2020] EWCOP 9 (27 February 2020)

Chapter Six - Making the Application

Chapter Seven - Costs and Fees in the Court of Protection

Chapter Eight - Who Is the Client?

Appendix 1 - Resources

Appendix 2 - Email Addresses for the Court of Protection

Appendix 3 - Letter of Instruction to an Independent Assessor

Appendix 4 - Deed of Appointment of New Trustee Pursuant to Section 36(1) Trustee Act 1925

Appendix 5 - Precedent Section 54 Trustee Act 1925 Order

Appendix 6 - Precedent Section 36(9) Trustee Act 1925 Order

Appendix 7 - Precedent Deputyship Order

Appendix 8 - Orders You Are Seeking (Box 4.1 COP1)

Appendix 9 - Re ACC Precedent Clauses

Appendix 10 - Precedent Statutory Will Provisions