Court of Protection Handbook: A User's Guide

The Mental Capacity Act (MCA) 2005 is an extraordinarily wide-reaching piece of any of us at any time could find ourselves incapable of taking decisions about our health, our welfare, or our finances. The Court of Protection, the specialist court established by the MCA 2005 as the ultimate decision-maker in relation to those lacking capacity to take such decisions, is, in consequence a court with a very wide reach.

Court of Protection a user’s guide is the first book to address in detail the practice and processes of the Court of Protection – across the whole range of its work – in terms that are aimed not solely 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.

The book provides an overview of the Mental Capacity Act 2005 and the Court of Protection, before turning to a step-by-step guide through the processes of preparing and making an application, funding and representation issues, preparing for and appearing at hearings, evidence, costs, enforcement and appeals.

Specific topics that arise in connection with the Court of Protection such as applications made in relation to the Deprivation of Liberty Safeguards (DOLS), the role of the Public Guardian, medical treatment cases and cross border matters are given detailed treatment and the main text is supported by a wealth of supplementary legislation, guidance, precedents, sample orders and useful addresses.

Court of Protection Handbook is comprehensive yet accessible. Complex issues are explained clearly and succinctly with the helpful use of tables, flow-charts and other diagrams.

Court of Protection a user’s guide is essential reading for lawyers, advisers, litigants in person and all users of the Court of Protection.

This book is supported by a free website www.courtofprotectionhandbook.com that will provide regular updates on practice and procedure before the Court of Protection cross-referenced to the relevant parts of the book, together with links to all the relevant statutory materials and guidance. Readers can register for email updates.

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.Sophy Miles is a barrister at Doughty Street Chambers and was a founding partner at Miles and Partners LLP where she led the mental health and capacity team for 16 years. She also sits as a judge of the First Tier Tribunal (Mental Health).