The Mental Capacity Act 2005 introduces a major overhaul of the law in this area. A key feature of the legislation is the provision of new powers for the Court of Protection which enhance its pre-existing jurisdiction to manage a mentally incapacitated person’s financial affairs. Additionally, matters of mental capacity and ability to give valid consent in respect of personal welfare matters, including medical treatment, have become a discrete jurisdiction, with special courts (under the umbrella of the Court of Protection) adjudicating on topics such as Persistent Vegetative State cases and sterilisation. The bulk of the new procedure, set out in rules of court and practice directions came into force in October 2007.
Court of Protection Practice 2009 is a major new single-volume work, containing a detailed and authoritative guide to the enlarged jurisdiction, with a similar style and format to The Family Court Practice and Civil Court Service. A portable single volume, it is ideal for use in court or when preparing for court.
The text of the book is based on Mental Capacity: The New Law (Jordans, 2006), updated to include reference to the new procedural regime, which provides an entry point into the book. An updating supplement is supplied with the main work - The Deprivation of Liberty Supplement
Legislation:
All relevant primary and secondary, appropriately annotated including:-
- Mental Capacity Act 2005 (as amended)
- Court of Protection Rules 2007
- Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007
- Mental Capacity Act 2005 (Transfer of Proceedings) Order 2007
- Practice Directions
- Code of Practice
- Lasting Powers of Attorney Forms and Guidance Notes
- Standard Orders used by the Judges
Outlining the steps for making various court applications including:-
- Application for appointment of a deputy relating to property and financial affairs
- Application relating to personal welfare
- Application to register an enduring power of attorney
- Application to register a lasting power of attorney
- Damages awards, approvals and transfer to the Court of Protection
