Court of Protection Practice 2010

by Ashton, Gordon; Marin, Marc; Oates, Laurence; Terrell, Martin; Ward, Adrian D.

• ISBN13: 9781846612237
• ISBN10: 1846612233
• Edition: CD
• Format: Hardcover
• Copyright: 2010-04-30
• Publisher: Jordans Pub

Summary

Special Pre-publication Price: pound;165.00, Normal Price: pound;185.00 Offer only available directly from the publisher An essential major work for lawyers and judges practising in the Court of Protection Court of Protection Practice 2010 is an essential major work for lawyers and judges working in the Court of Protection. In a portable single volume it provides a detailed and authoritative guide to the enlarged jurisdiction, with a similar style and format to The Family Court Practice and Civil Court Service . It is ideal for use in court or when preparing for court. A key feature of the Mental Capacity Act 2005 was the creation of the new Court of Protection which inherited the powers of the former Court of that name to manage a mentally incapacitated person's financial affairs. Additionally, decision-making with regard to 'personal welfare' matters, including medical treatment, now comes within the discrete jurisdiction of the Court of Protection and includes topics such as persistent vegetative state cases and sterilisation. As the jurisdiction evolves, it is vital for practitioners to have up-to-date information in order to act for clients efficiently and accurately. NEW FOR THE 2010 EDITION Commentary on when and how mediation is applicable Guidance on admission of the media Expanded commentary on costs Detailed consideration of the role of the Official Solicitor Deprivation of Liberty safeguards Coverage of the position in Scotland Precedent orders (directions and final) Case summaries demonstrating how the law works in practice With the addition of case summaries, plus a CD-ROM of precedent orders ready to use, Court of Protection Practice 2010 provides practitioners with a full armoury in one place. Court of Protection Practice provides valuable guidance for any professional working with incapacitated adults, including: Barristers Solicitors Nominated Judges Local authority lawyers Health authorities/NHS Trusts CONTENTS TEXT Based on Mental Capacity: The New Law (Jordans New Law Series), updated to include reference to the new procedural regime, which provides an entry point into the book LEGISLATION All relevant primary and secondary legislation 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 Codes of Practice PROCEDURAL GUIDES Outlining the steps for making various court applications including: Application to register an enduring power of attorney Application to register a lasting power of attorney Application for appointment of a deputy relating to property and financial affairs Application relating to personal welfare Proceedings in the High Court or a County Court involving a protected party FORMS WITH GUIDANCE NOTES Covering the Court of Protection, Lasting Powers of Attorney and Enduring Powers of Attorney PRECEDENT ORDERS Draft orders that practitioners are encouraged to submit to the Court during case management FIRST INSTANCE CASE SUMMARIES Summarising how the law is being interpreted and indicating areas of difficulty REVIEWS a useful purchase for someone who regularly appears in the Court of Protection, for the sheer convenience of the collation of the relevant legislation, court forms and supporting documentation Law Society PS Magazine READER COMMENTS I have been using this since it was first published. It contains a mine of useful and essential information; I refer to it regularly. It sits on my desk for every application before me it is as useful as The Family Court Practice I can think of no higher praise. HHJ Martin Cardinal, Nominated Judge of the Court