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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Court of Protection Handbook: A User's Guide Revised 1st ed isbn 9781908407658

Court of Protection Handbook: A User's Guide

ISBN13: 9781908407399
New Edition ISBN: 9781908407658
Published: July 2014
Publisher: Legal Action Group
Country of Publication: UK
Format: Paperback
Price: Out of print

There are many books which deal with the Mental Capacity Act 2005, and there are also a number of books which deal with the Court of Protection. However, this is the first book to set out to address in detail the practice and processes of the court – across the whole range of its work – in terms that are aimed not solely at lawyers who are advising those bringing or responding to applications but also to the increasing numbers of people who either by choice or otherwise are involved in proceedings before the Court of Protection without the help of lawyers or specialist advisers.

    The author team: Alex Ruck-Keene is a barrister at Thirty Nine Essex Street and has been recommended as a leading expert in the field of mental capacity law for several years. Kate Edwards is a financial deputy with the Court of Protection team at Fentons solicitors, working with and helping those clients who do not have capacity to make decisions relating to their finances and wellbeing. Anselm Eldergill is a district judge in the Court of Protection and a visiting professor at University College, London. Before becoming a judge he was a practising legal aid solicitor specialising in mental health law for over 25 years. Stephen Knafler QC is joint head of chambers at Garden Court Chambers where he specialises in all aspects of public law. Stephen is the General Editor of LAG’s Community Care Law Reports. Sophy Miles was a founding partner at Miles and Partners LLP where she led the mental health and capacity team for 16 years, and where she is now a consultant. She also sits as a judge of the First Tier Tribunal (Mental Health).

Mental Health Law, Wills and Probate
Steven Neary’s Story
Overview of the Mental Capacity Act 2005
The Court of Protection
Is an application appropriate
Funding and representation
Making an application: property and affairs
Making an application: health and welfare
Permission, issue and service
Responding to an application
Preparing for and appearing at directions hearings and interim hearings
Litigation friends
Evidence and disclosure
Publicity, privacy and confidentiality
Fact finding
The final determination of the application
Reconsideration and appeals
ADR and mediation
The Office of the Public Guardian
Applications under Mental Capacity Act 2005 s21A
Medical treatment cases
Safeguarding and the Court of Protection
The Court of Protection and the Administrative Court
The Court of Protection, the Human Rights Act 1998 and
The Convention on the Rights of Persons with Disabilities
Cross border matters
Instructing psychiatrists.