Court of Protection Handbook: a user’s guide addresses in detail the practice and processes of the Court of Protection – across the whole range of its work – in terms that are aimed not only 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 Court of Protection Handbook] is a very practical guide,
written by those whose expert knowledge of the law and procedure of
the Court of Protection is more than matched by their deep
understanding, based on experience, of the realities of how the
Court of Protection works … It should be in the hand of every
practitioner and, more particularly, of every lay user of the Court
of Protection.' Sir James Munby, President of the Court of
Protection, from his foreword
'In a league of its own … It can truly be said this book is a
further step in the COP's revolution - with the court's door now
just a little more open.' Richard Charlton, President of
the Mental Health Lawyers Association
'The authors of this Handbook are at the centre of the work done
by the Court of Protection and its ad hoc Rules Committee ...
Its second edition, like the first, is therefore based on
cutting edge experience of the work of the Court of Protection.'
Sir William Charles, Vice-President of the Court of
The book begins with 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.
Protection Handbook is comprehensive yet accessible.
Complex issues are explained clearly and succinctly with the
helpful use of tables and other diagrams. This edition includes
helpful flowcharts on property and affairs, health and welfare and
DOLS applications. More practical guidance has been provided on
facilitating the role of 'P' and the role of experts in the Court
with contributions from a psychiatrist and an independent
The main text is supported by a wealth of supplementary
materials: legislation, the consolidated Rules and Pilot Rules,
guidance, sample statements and letters and useful addresses.
The authors are widely recognised as leading specialists
in Court of Protection work, with an unrivalled breadth of
experience. Three are practitioners who have represented clients in
cases involving the Mental Capacity Act up to and including the
Supreme Court, and the fourth is one of the most highly respected
judges of the Court of Protection. They also write, teach and train
extensively on the Mental Capacity Act and the Court of Protection,
and are all at the centre of development of law and procedure in
the court, including the creation and implementation of the new
Case Management Pilot.
There is an accompanying website
courtofprotectionhandbook.com with updates on
practice and procedure and additional legislation, guidance and
Read the preface.
Read the biographies of the authors
See the full contents here.