Mental Health Law

Urgent Applications in the Court of Protection

Edited by Her Honour Nazreen Pearce · District Judge Sue Jackson
LexisNexis U.K. March 2010

Specifications

ISBN-13
9781846612152
Publisher
LexisNexis U.K.
Publication
March 2010
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The Mental Capacity Act 2005 has changed the role and work of the Court of Protection. The court’s jurisdiction now extends not only to financial and property matters but also to health and welfare issues and disputes relating to lasting powers of attorney.


The Mental Capacity Act 2005 has changed the role and work of the Court of Protection. The court’s jurisdiction now extends not only to financial and property matters but also to health and welfare issues and disputes relating to lasting powers of attorney.
The enlarged jurisdiction has introduced formal rules and procedures which must be followed. Court users therefore need to be familiar with the new regime, particularly where there is a degree of urgency, in order to ensure that applications are made in the correct form and contain the appropriate supporting information.
This invaluable new book for professionals working with incapacitated adults, including barristers, solicitors, local authority lawyers, health authorities and NHS Trusts, is specifically designed to address this need, by covering all relevant topics from the perspective of the Court of Protection user faced with making an urgent application. For each topic there is a law and practice section, procedural guide, precedents and draft orders.

Table of Contents

General
  • Introduction
  • General Principles
 Personal Welfare and Deprivation of Liberty
  • Welfare Decisions - Residence, Contact, Sexual Relations
  • Deprivation of Liberty
  • Urgent Medical Treatment
  • Serious Medical Treatment 
Property and Affairs
  • Suspension and Revocation of Deputy Appointment
  • Enduring Powers of Attorney
  • Revocation of Lasting Powers of Attorney
  • Statutory Wills
  • Enforcement
  • Appeals 
Forms
  • Court of Protection Forms
  • Lasting Powers of Attorney Forms
  • Enduring Powers of Attorney Forms
  • Deprivation of Liberty Forms

About the Author

Her Honour Judge Nazreen Pearce
District Judge Sue Jackson
With a Foreword by Denzil Lush, Senior Judge of the Court of Protection

Reviews

"the text of the book is easy to follow; the use of bullet points and sub-headings makes accessing a specific area of intrest simple and straightforward"
"a useful addition to the library of any private client practitioner who does MCA 2005 work, even if they do not usually undertake complex or urgent litigation work"
Helen Clarke, Solicitor, Member of the Law Society Council
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