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Court of Protection Handbook: A User's Guide 5th ed


ISBN13: 9781913648770
Previous Edition ISBN: 9781913648404
To be Published: September 2025
Publisher: Legal Action Group
Country of Publication: UK
Format: Paperback
Price: £90.00



'Court of Protection Handbook' should be in the hand of every practitioner and, more particularly, of every lay user of the Court of Protection. - Sir James Munby, former President of the Court of Protection

'Court of Protection Handbook' is in a league of its own... It can truly be said this book is a further step in the COP’s revolution – with the court’s door now just a little more open. - Richard Charlton, former President of the Mental Health Lawyers Association

Court of Protection Handbook: a user’s guide addresses in detail the practice and processes of the Court of Protection – across the whole range of its work – in terms that are aimed not only at lawyers but also to the increasing numbers of people who either by choice or otherwise are involved in proceedings before the Court of Protection without legal help.

Newly updated for 2025, the book provides an authoritative overview of the Mental Capacity Act 2005 and the Court of Protection, before turning to a step-by-step guide through the processes of making an application, funding and representation issues, preparing for and appearing at hearings, evidence, costs, enforcement and appeals. Specific areas such as medical treatment cases and those concerning deprivation of liberty get their own, dedicated, chapters. New for this edition are two chapters on the interaction between the Court of Protection and the family courts, and the intersection between the Court of Protection and the criminal courts.

Court of Protection Handbook is comprehensive yet accessible. Complex issues are explained clearly and succinctly with the helpful use of tables and diagrams. The main text is supported by a wealth of supplementary materials: legislation, guidance, sample statements and letters and useful addresses. All these resources, and more, can be found at courtofprotectionhandbook.com along with invaluable updates on practice and procedure.

The authors are widely recognised as leading specialists in Court of Protection work, with an unrivalled breadth of experience. They write, teach and train extensively on the Mental Capacity Act and the Court of Protection, and all are at the centre of development of law and procedure in the Court.

Subjects:
Mental Health Law, Wills and Probate
Contents:
• We are not Ps, we are people
• An overview of the MCA
• The Court of Protection
• Is an application appropriate?
• Funding and representation
• Making an application: property & affairs
• Responding to an application: property & affairs
• Making an application: health & welfare
• Responding to an application: health & welfare
• Interim hearings and interim applications
• P, protected parties and children
• Evidence and disclosure
• Publicity, privacy and confidentiality
• Fact-finding
• Final determination of the application
• Costs
• Enforcement
• Reconsideration and appeals
• ADR
• Office of the Public Guardian
• Deprivation of liberty applications
• Medical treatment cases
• Safeguarding and the Court of Protection
• Court of Protection and Admin Court
• Human Rights and the Court of Protection
• Cross-border matters
• The inherent jurisdiction
• When P is an offender
• Children
• Instructing experts
• Appendices