Where is the Court of Protection based?

London
We are based in London. Most cases are heard by district judges and a senior judge but can sometimes be heard by High Court judges.

When should I apply for Court of Protection?

The Court of Protection is a court that deals with decisions or actions taken under the Mental Capacity Act. You or someone helping you would need to apply to the Court if someone needs permission from the Court to make decisions about your health, welfare, financial affairs or property.

How long does it take for Court of Protection?

The process of applying for a Deputyship Order to the Court of Protection usually takes four to six months. There are a number of different documents that need to be submitted which include: Application form – providing details of the proposed Deputy or Deputies, the individual, the type of application etc.

What is the difference between power of attorney and Court of Protection?

A – Power of Attorney gives an appointed Attorney the power to make welfare and/or financial decisions on someone’s behalf, when they lose the capacity to do so themselves. A Court of Protection order can be used to give additional powers to an Attorney, dealing with the affairs of someone without mental capacity.

Do I need permission to apply to the Court of Protection?

For certain applications to the Court of Protection (the court), the applicant used to have to obtain permission to apply before they could commence proceedings. However, the Court of Protection Rules 2017 (COPR 2017) now provide that the application for permission must be made within the main application itself.

What is the best interest checklist?

Section 4 of the Mental Capacity Act has a best interests checklist, which outlines what someone needs to consider before taking an action or decision for you while you lack capacity.

What happens at a Court of Protection hearing?

The court decides what will constitute the evidence for the case. They will send directions to the applicant, their representative and anyone else identified as a party, setting out: the issues of the case that will require evidence. what evidence is needed to decide those issues.

What issues do the Court of Protection cover?

The Court of Protection was established by the Mental Capacity Act (2005). The Court has jurisdiction over the property, financial affairs, personal welfare and healthcare of people who lack mental capacity to make decisions for themselves.

How does the Court of Protection work?

The Court of Protection has the power to decide if a person lacks capacity to make decisions for themselves, and then to decide what actions to take in the person’s best interests. The Court of Protection has the power to appoint Deputies, who can make decisions on behalf of the person who is deemed to lack capacity.

What are the 5 core principles?

Once you’ve decided that capacity is lacking, use principles 4 and 5 to support the decision-making process.

• Principle 1: A presumption of capacity.
• Principle 2: Individuals being supported to make their own decisions.
• Principle 3: Unwise decisions.
• Principle 4: Best interests.
• Principle 5: Less restrictive option.

What does a Court of Protection Solicitor do?

Services in: Court Of Protection Solicitors The Court of Protection is the judicial body responsible for making decisions relating to the management of finances and other affairs of those individuals who lack the mental capacity to do so themselves.

Where is the Court of protection in London?

THELAWPAGES.COM Court Court of Protection Address First Avenue House First Avenue House 42-49 High Holborn 42-49 High Holborn London London WC1A 9JA WC1A 9JA

What is the phone number for the Court of protection?

Our number is 01323 384003. The Court helps people who have difficulty making their own decisions. They do this by making the decisions for the person or appointing someone else to do so. Find out how the CoP works to protect vulnerable people.

How to apply for a court of protection order?

Form COP1: Apply to make decisions on someone’s behalf. Use this form to apply for a Court of Protection order, which allows people to make financial and welfare decisions for someone else.

How to send Court of protection form back to court?

The applicant then needs to send the following forms back to the Court: Completed COP5s from all respondents and persons notified FORM COP20Aconfirming that the respondent has been notified. FORM COP20Bconfirming the respondents and persons to be notified have been informed.