The Family Lawyer and The Court of Protection

Family Law

The Family Lawyer and The Court of Protection

By District Judge Marc Marin
Family Law LexisNexis June 2010

Specifications

ISBN-13
9781846612077
Publisher
Family Law LexisNexis
Publication
June 2010
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book explains the relevance of the Court of Protection to lawyers who specialise in family matters (such as children, care work or matrimonial finance) .


A unique book for lawyers who specialise in family matters (such as children, care work or matrimonial finance) which explains the relevance of the Court of Protection to their work and which provides users with the relevant law and procedural knowledge needed to properly advise their clients where the need arises.
 
The Family Lawyer and the Court of Protection also explains how to make an application to the court, provides a step-by-step guide to the appropriate process and includes fictitious case studies suggesting solutions to situations that may arise.

An invaluable guide for all family advisers, including solicitors, barristers, local authorities, social workers, Citizens Advice Bureaux, and voluntary organisations, faced with a matter which requires the involvement of the Court of Protection.

Table of Contents

Introduction
  • The relevance to family lawyers of the Court of Protection and the impact of its jurisdiction on their work  
The Mental Capacity Act 2005
  • An introduction to the relevant provisions of the Act, eg the definition of mental capacity, best interests and the role and function of a deputy
  • How the MCA 2005 differs from the Children Act 1989 
The Court of Protection
  • Its work; jurisdiction; and the orders it can make
  • The approach of the court to applications and whether this differs to the approach in family proceedings  
The Court of Protection Rules
  • An introduction to the rules governing applications in the Court of Protection  
The Public Guardian
  • His role, function and duties; how he works and his relevance to the family lawyer  
The Official Solicitor
  • His role in family proceedings and the Court of Protection; how he becomes involved in proceedings and his approach  
Children and the Court of Protection
  • Consideration of the extent to which matters involving children fall within the Court of Protection jurisdiction  
Making an Application in the Court of Protection (with worked examples)
  • Health and welfare applications
  • Property and affairs applications  
Practical Case Studies
  • Problems that arise in specific cases by reference to case studies  
Deprivation of Liberty
  • Its relevance to family cases
  • Practice and procedure
The Public, The Media and the Court of Protection
  • A consideration of whether cases should be in public or not
  • The role of the media in family and Court of Protection Justice
  • A contrast between publicity in family and Court of Protection cases
The Future
  • A consideration of how the jurisdictions work together and what lies ahead
  • Issues that remain unresolved; reform
Appendices
  • Court of Protection Forms and Court Orders
  • Mental Capacity Act 2005
  • Court of Protection Rules 2007 and Supplementary Practice Directions

About the Author

District Judge Marc Marin,
Barnet Civil and Family Court Centre, Nominated Judge of the Court of Protection

Reviews

"The busy family law practitioner is likely to need this book if he or she deals with such cases where separating parents have a child with brain damage or learning difficulties, or one of the parties to a marriage lacks capacity....The book covers issues commonly found in practice, such as -what do you do if you cannot find a doctor and will a judge always follow "expert" advice and what weight will be given to a disabled person's wishes?....These are the vital practical nitty gritty questions that clients need answers to and fortunately this book covers...much is contained in this book in a readable clear way....I suspect this book will have a wider application than just family lawyers and will be of value to many lawyers who needs a clear, realistic book of reference."
Law society gazette
"This guide for the family lawyer is a useful and informative place to start the process of becoming well-informed about the work of the Court of Protection ... easy to read and is presented in a format that allows one to dip in and out ... an accessible source of advice on the work of the Court of Protection ... extremely portable and so could be taken to court." Journal of Social Welfare and Family Law
"The definitive guide to the workings and process of the Court of Protection … exceedingly useful work of reference … highly recommended"
Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers
"District Judge Marc Marin has produced a unique book for professionals who deal in family matters - not just the lawyers but advice workers and local authorities. It's valuable, highly digestible and practical and what hits you about it is that the author obviously does the business at the coal face.."
Solicitors Journal
"As an entry point into this area of work this book is really helpful. It helps the reader to understand the bare bones of the statutory and procedural framework, and developing thos and practicees in this emerging arena....a handy pocket sized reference guide for the core material...Provides a clear explanation of the overlapping jurisdictions of the Court of Protection and the Family Courts, and guidance as to how best to choose between or combine the two courts..the book contains a number of worked through case studies and sample forms, which are helpful in jolting family practitioners out of misplaced assumptions about how things might be done, based on family court experience."
Lucy Reed, Pinktape
"The inspiration to buy the book is likely to be when a straight forward family matter strays into the C o P jurisdiction"
The Review
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