A unique book for lawyers who specialise in family matters (such as children, care work or matrimonial finance) which explains the relevance of the Court of Protection to their work and which provides users with the relevant law and procedural knowledge needed to properly advise their clients where the need arises.

The Family Lawyer and the Court of Protection also explains how to make an application to the court, provides a step-by-step guide to the appropriate process and includes fictitious case studies suggesting solutions to situations that may arise.

An invaluable guide for all family advisers, including solicitors, barristers, local authorities, social workers, Citizens Advice Bureaux, and voluntary organisations, faced with a matter which requires the involvement of the Court of Protection.

District Judge Marc Marin,
Barnet Civil and Family Court Centre, Nominated Judge of the Court of Protection

Introduction

• The relevance to family lawyers of the Court of Protection and the impact of its jurisdiction on their work  

The Mental Capacity Act 2005

• An introduction to the relevant provisions of the Act, eg the definition of mental capacity, best interests and the role and function of a deputy
• How the MCA 2005 differs from the Children Act 1989 

The Court of Protection

• Its work; jurisdiction; and the orders it can make
• The approach of the court to applications and whether this differs to the approach in family proceedings  

The Court of Protection Rules

• An introduction to the rules governing applications in the Court of Protection  

The Public Guardian

• His role, function and duties; how he works and his relevance to the family lawyer  

The Official Solicitor

• His role in family proceedings and the Court of Protection; how he becomes involved in proceedings and his approach  

Children and the Court of Protection

• Consideration of the extent to which matters involving children fall within the Court of Protection jurisdiction  

Making an Application in the Court of Protection (with worked examples)

• Health and welfare applications
• Property and affairs applications  

Practical Case Studies

• Problems that arise in specific cases by reference to case studies  

Deprivation of Liberty

• Its relevance to family cases
• Practice and procedure

The Public, The Media and the Court of Protection

• A consideration of whether cases should be in public or not
• The role of the media in family and Court of Protection Justice

• A contrast betwwen publicity in family and Court of Protection cases

The Future

• A consideration of how the jurisdictions work together and what lies ahead
• Issues that remain unresolved; reform

Appendices

• Court of Protection Forms and Court Orders
• Mental Capacity Act 2005
• Court of Protection Rules 2007 and Supplementary Practice Directions