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Urgent Applications in the Court of ProtectionFROM £85.00
Covers all relevant topics for making an urgent application in the Court of Protection
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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.
A free pdf supplement to Chapter 10 of the title (Deprivation of Liberty), providing detailed analysis of the implications of the Supreme Court's important ruling in Cheshire West and MIG & MEG is now available to download
- General Principles
- Suspension and Revocation of Deputy Appointment
- Enduring Powers of Attorney
- Revocation of Lasting Powers of Attorney
- Statutory Wills
- Welfare Decisions - Residence, Contact, Sexual Relations
- Urgent Medical Treatment
- Serious Medical Treatment
- Deprivation of Liberty
- Publicity, Restrictions on Publication and Attendance by Representatives of The Media
"you really need this latest edition to remain up to date"An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
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"excellent resource for anyone making applications to the Court of Protection – there is much to be learned from the logical review of procedure whatever the type of application. The analysis of the law is thorough, and comprehensible...I would recommend this as a valuable practical resource to any office which is making applications to the Court of Protection on a regular basis."
Philippa Bruce-Kerr, Law Skills
To read the full review click here
Reviews of previous edition
"the text of the book is easy to follow; the use of bullet points and sub-headings makes accessing a specific area of intrest simple and straightforward"
"a useful addition to the library of any private client practitioner who does MCA 2005 work, even if they do not usually undertake complex or urgent litigation work"
Helen Clarke, Solicitor, Member of the Law Society Council
"a valuable handbook ... will greatly assist people who need to make quick decisions with limited time to think, research and plan ... the language is straight forward, and it is easily navigable via chapters and clear headings ... The writers have distilled into clarity and apparent simplicity a complex area of law."Gillian Geddes, Barrister, Middle Temple Lane Chambers
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.
Although the rules are simple to follow and the forms are prescribed for applications made in the Court of Protection, for those who are inexperienced or unfamiliar with the law which applies to this jurisdiction it can still be a maze.
The aim of this book is both to provide professionals who practice in this field and those who are called upon to advise, assist and support ‘P’, including family and friends, with a step-by-step guide through the law, procedure and remedies in relation to those issues that are likely to arise frequently and which may require immediate action.
We have worked together, bringing our experience from other jurisdictions alongside the publishing team at Jordans, with a view to providing a user-friendly, concise and comprehensive handbook which is accessible to all and to which they may turn to find answers. Precedents and draft orders are provided to give helpful guidance.
The authors wish to express their thanks to the nominated judges and the staff at the Court of Protection.
We also extend our appreciation and thanks to Greg Woodgate for his efforts in paving the way for us to publish this book; to Tracy Robinson for working through the Christmas and New Year break, for her patience, endurance and efficiency in dealing with the amendments we made to the original draft and the proofs often at short notice; to Helen Pettet, marketing executive, for her efforts in marketing this edition, preparing the cover and marketing leaflets; and to Kate Hather, publishing manager, who kept us on track to ensure that we met the deadlines.
We have attempted, where possible, to illustrate the applications and orders by reference to short stories. The characters and factual circumstances relied on are purely fictional. Any apparent similarities to any real person is coincidental.
The law is stated as at 1 February 2014.
1 February 2014
District Judge Sue Jackson,
Nominated Judge of the Court of Protection
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