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Navigate the extensive jurisdiction and powers of the Court of Protection. The Court of Protection affects an ever increasing number of people, among whom are some of the most vulnerable members of society. They need the best support and protection that the law and legal profession can provide.
A Practitioner's Guide to the Court of Protection is written by practitioners whose individual and combined experience provide an invaluable guide to the law and practical application.
The new
Fourth Edition covers both the property and affairs and the welfare parts of the Court's jurisdiction, with new and expanded chapters covering:
- The Court of Protection Rules 2017
- Case management pathways
- Welfare and Deprivation of Liberty
- Private international law
- The practical application of the Mental Capacity Act 2005
- Lasting and Enduring Powers of Attorney
- Case law, practice and procedure of the Court of Protection
- Latest guidance and practice notes from the Office of the Public Guardian
It is essential reading for anyone involved in Court of Protection practice including private client practitioners, mental health practitioners, family law practitioners, deputies, local authorities, accountants, Independent Mental Capacity Advocates, Welfare Accredited Legal Representatives, and advocates.
List of contents
Chapter 1: Capacity and Best Interests
Chapter 2: The Court of Protection
Chapter 3: The Public Guardian and other Bodies
Chapter 4: Practice and Procedure in the Court of Protection
Chapter 5: The Welfare of P
Chapter 6: Appointing the Deputy
Chapter 7: Changing and Ending the Deputyship
Chapter 8: The Property and Affairs Deputy
Chapter 9: Sale and Purchase of Property
Chapter 10: Trusts and Trustees
Chapter 11: Litigation in other Courts
Chapter 12: Gifts and other Dispositions of Property
Chapter 13: Costs
Chapter 14: Lasting Powers of Attorney
Chapter 15: Enduring Powers of Attorney and the Court of Protection
Chapter 16: Foreign Matters
About the author
Martin Terrell is a partner in the Court of Protection Team of Thomson Snell & Passmore. He has practiced as a solicitor since 1991, and specialises in Court of Protection and elderly client work, and has been acting as a receiver, deputy and panel deputy for over 20 years. He is the author of the first three editions of this work and has contributed to the Law Society’s Elderly Client Handbook, Elderly Client Precedents (Jordans Publishing), Finance & Law for the Older Client (LexisNexis) and Court of Protection Practice (LexisNexis).Caroline Bielanska is a solicitor, mediator and independent consultant. She is also a legal trainer.
She is the former Chief Executive and former Chair of Solicitors for the Elderly, an organisation she helped to found in 1999. She lectures regularly and is well known in her specialist field, advising older and vulnerable adults who have limited physical and/or mental capacity.
Caroline has a national media profile, and is a regular panellist on BBC Radio 4’s Money Box Live and interviewed in for TV, radio, magazines and national press.
She provides consultancy for law firms on an independent basis. Her work focuses on advising vulnerable adults; principally older and disabled people, their families and carers.
Justin Holmes is a barrister at Radcliffe Chambers.
He is recommended as a leading junior for Private Client: Trusts and Probate work by the Legal 500 and for Traditional Chancery and Court of Protection expertise by Chambers UK, which notes that he is “especially good on deputyship applications, statutory wills and the making of gifts”.
Richard Frimston is a partner and head of Russell Cooke Solicitor's private client group.
He advises clients in relation to their estate planning, wills, probate and tax planning issues and offers Notary Public services. Areas of expertise include cross-border estates and international private law issues.
Summary
A Practitioner's Guide to the Court of Protection is a user-friendly handbook providing practical and detailed coverage of this increasingly significant topic. It looks at the practical issues and problems facing deputies working under a complex and challenging regime.
Foreword
A Practitioner's Guide to the Court of Protection is an invaluable guide to the law and practical application of this increasingly significant topic covering both the property and affairs and the welfare parts of the Court's jurisidiction.
Additional text
Practitioners…will benefit from the text which navigates them through this evolving area safely.
