CHAPTER 4
The Court of Protection
4.1Introduction and background 4.5Establishment and constitution 4.12Circuit judges and district judges 4.13Independence of the judiciary 4.15HMCTS and court administration 4.20Authorised court officers 4.23Workload and number of applications 4.26Where to find the law and guidance 4.36Mental Capacity Act 2005 4.37Rules, practice directions, practice guidance, regulations and orders, and codes 4.39European Convention on Human Rights 4.43Jurisdiction of the Court of Protection 4.44Exempt matters to which the MCA 2005 does not apply People falling outside the Act
Family matters falling outside the Act (section 27)
Mental Health Act matters (section 28)
Voting rights (section 29)
4.49The range of applications and orders that may be made 4.52Court orders and decisions under section 16 Section 16 and personal welfare matters • Section 16 and property and financial matters
4.55Appointing deputies under section 16 Who may be a deputy • Two or more deputies • Appointment of successors • Property and affairs deputyships • Restrictions on deputies • Security, reports and the Public Guardian • Reimbursement and remuneration • Revoking a deputy’s appointment
4.69Powers in relation to LPAs Determining whether an LPA exists or still exists • Impropriety or failure to act in P’s best interests • Powers of court in relation to the operation of lasting powers of attorney • Gifts
4.77Powers in relation to advance decisions to refuse treatment 4.79Powers in relation to EPAs Objections to the registration of an EPA • Powers in connection with a registered EPA • Giving directions concerning the operation of the EPA • Revocation of a registered EPA • Objections to a registered EPA
Applications under COPR r202 • Applications under MCA 2005 Sch 3
4.94Interim orders where there is reason to believe person lacks capacity 4.100Court of Protection procedures 4.101Case Management Pilot 4.104The overriding objective 4.108Who are the parties to the proceedings 4.109Involvement of the person concerned 4.115Personal Support Unit (PSU) 4.116McKenzie friends and lay representation McKenzie friends • Lay representation
4.123Enforcement of orders and declarations