in proceedings in the Court of Protection, or who want to find out if the Court of . probably need to fill in these forms: COP1, COP2, and COP3. You will also. The Court of Protection (Amendment) Rules (COP(A)R ), SI / The applicant should file a form COP1 along with the court application fee. A deputy is someone appointed by the Court of Protection. You make decisions COP1 on the court web site for specific guidance on this). You can download.
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These rule changes were accompanied by new Practice Directions and the introduction of new Court of Protection forms, which came into effect from 1 July For an overview of these changes, see Practice Note: For certain applications to the court, the applicant must obtain permission to apply.
In such cases, the application for permission is made as part of the main application and the court will consider both issues together. The first stage in any application is therefore to establish whether or not you need to apply for permission. Permission is not usually required to make an application relating to property and financial affairs, but permission may be required to make an application relating to personal welfare. The rules and the procedure for making an application for permission are explained in the Practice Note: Court of Protection—permission to apply.
Applications to the court to start proceedings should protevtion made by filing a COP1 application form, which should identify the applicant and the person lacking capacity P and state the matter which the applicant wants the court to decide and the order the applicant is seeking.
Protectoin application form should also name, as respondent, any person other than P whom the applicant reasonably believes to have an interest, such that he should be heard in relation to the application and name any person who is entitled to be notified of the application.
The applicant should file with the application co;1 any evidence upon which he intends to rely in the form of a COP24 witness statement, an order granting permission if that was a prerequisite to making the application see belowan assessment of capacity in form COP3, any other documents referred to in the application form and such other information proteection material as may be set out in the Practice Directions.
Once an application form is filed at the court, provided protwction is not required or has been granted by the court, the court prktection issue the application by recording by date stamp, either on the application form held on the court file or on the letter accompanying the form, the date it was received. For further guidance on how to make an application to the court, see the Courtt Note: Making an application to the Court of Protection.
PD 9D contains examples of cases which may be suitable for the short procedure. Cour should be noted, however, that the examples set out in the practice direction are only examples and the short procedure is not appropriate where the application is likely to be contentious. Applications that are not suitable for the short procedure are also outlined in PD 9D. The applicant should file a form COP1 along with the court application fee.
Court of Protection forms – Clarke Willmott Solicitors
It may also be useful for the applicant to file a form COP24 witness statement in support of the application. There is no requirement to file medical evidence or to notify or serve a copy of the application on P or anyone else, unless the court directs otherwise. For further information, see the Practice Note: Court of Protection—short form applications under Practice Direction 9D.
When considering an application, the court will consider whether the application must be dealt with by ov judge and, if so, what level of judge, or whether it may be dealt with by a court officer. This process is known as ‘allocation of proceedings’. Practice Direction 12A sets out certain types of application, including those involving serious medical treatment or the withholding of life-sustaining medical treatment, that may only be dop1 with by the President, the Vice-President or one of the other judges nominated by virtue of MCAss 46 2 a — c.
Applications other than those mentioned in PD 12A may be dealt with by any judge.
The Senior Judge or the President may authorise a court officer to exercise the jurisdiction of the court in such circumstances as set out in Practice Direction 3A.
The powers of authorised court officers are however restricted. A court officer may not conduct a hearing and must refer to a judge any application or any question arising in any application which is contentious or which, in the opinion of the officer is complex, requires a hearing or for any other reason ought to be considered by a judge.
Court of Protection practice and procedure—overview – Lexis®PSL, pract
P, any party to the proceedings or cokrt other person affected by an order made by an authorised court officer may apply to the court to have the order reconsidered by a judge. For further guidance on the allocation of proceedings, see the Practice Note: Court of Protection—allocation of proceedings. A person may act as a litigation friend on behalf of any of the above persons, providing he can fairly and competently conduct proceedings on behalf of protectioon person, and has no interests adverse to those of that person.
For further information on litigation friends and Rule 3A representatives in the Court of Protection, including the rules relating to the appointment and removal of litigation friends and who may act as a Rule 3A representative, see the Practice Note: Litigation friends and Rule 3A representatives in protsction Court of Protection. Unless the court has ordered that the time for service be amended, then as soon as practicable, and in any event within 21 days of the date on which the application form was issued, the applicant must serve a copy of the application on any person who is named as respondent in the application form, together with copies of the relevant application documents pdotection a form COP5 for acknowledging service.
The court has discretion to dispense with any requirement to serve a document and an application for an order to dispense with service may be made without notice. The court may direct that service be effected by an clp1 method, but must specify the method of service and the date by which the document will be deemed served.
Special rules apply where the person to be served is a child or a protected party. For further guidance on the service of documents, see the Practice Note: Court of Protection—service of documents. The applicant must seek to identify at least three people who are likely to have an interest in being notified that an application form has been issued. The applicant should notify these persons as soon as practicable and in any event within 14 days of the date on which the application form was issued.
Members co1p P’s close family are by virtue of that relationship likely to have an interest in being notified, and there is a presumption that a spouse, civil partner, any other partner, parent or child are likely to have an interest in the application.
This presumption may however couft displaced where circumstances reasonably indicate that P’s family should not be notified and that others should be notified instead. P should also be notified of the application unless P has become a party to the application, or unless the court has exercised its discretion either on its own initiative or ot application to direct that P must not be notified.
For further guidance on the notification of P and interested parties, see the Practice Note: P or any party or person affected by an order made without a hearing or without notice to them has an automatic right to seek a reconsideration of that order.
An application should be made within cpo1 days of ccop1 date of the order being served or such other period as the court may direct.
Reconsideration may be undertaken ocp1 the papers or at an oral hearing. The reconsideration can be by any judge of the Court of the Protection including the one who made the decision in respect of which reconsiderationexcept by a judge who is higher up curt the appellate structure than the original judge.
If a party wishes to appeal a decision of the Court of Couet then, with the exception of an appeal against an order for committal to prison, they must apply for permission to appeal. The basic appeal structure in the Court of Protection is as follows:. A decision of a district judge is appealed to a circuit judge. Any second appeal from the decision of that circuit judge will protectlon to the Court of Appeal.
A first instance decision of a circuit judge is appealed to a High Court judge nominated to sit in the Court of Protection, the President of the Family Division or the Chancellor of the Chancery Division. For further guidance on reconsideration and appeals in the Court of Protection, see the Practice Note: Court of Protection—reconsideration and appeals. There are court fees and disbursements which will be coutt by all applicants on making a new application to the court.
Where a professional is appointed to act as protectoin, they will be entitled to charge for their work carried out on behalf of P. Both professional and lay deputies are entitled to recover reasonable expenses.
Court of Protection forms and guidance
For further details of the various costs, fees and expenses and the available exemptions and remissions, see Practice Note: Costs and expenses in the Court of Protection. The hourly rates at cort work can be charged by a professional deputy and their team are set by the court and apply to work carried out in four different categories of fee earner:.
Protecton B—solicitors and legal executives with over four years of post qualification experience.
Guideline hourly rates are applied in bands depending on the location of the solicitor in question. For the current hourly rates, see: Court of Protection, are available in this subtopic:. Application to register a lasting power of attorney and applying to the Court of Protection with an objection [].
Application to register an enduring power of attorney and applying to the Court of Protection with an objection []. Application for a declaration of testamentary capacity or authority to make a statutory Will [].
Deprivation of liberty applications []and. Application for a reconsideration of a decision of the Court of Protection and appeal procedure []—[]. Fillable pdf LexisSmart versions of the following Court of Protection forms are available in this subtopic:. It may take a few minutes to reach its recipient s depending on the size of the document s.
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