P regains capacity or diesFinal orders:P regaining capacity afterFinal determination of applicationFinal orders:P regaining capacity afterFinal determination of applicationFinal orders:P regaining capacity afterFinal determination of applicationFinal orders:P regaining capacity afterFinal determination of application
15.69There are two other events that will bring about a final determination of the proceedings in a way other than provided for in the balance of this chapter, namely P regaining the relevant capacity to take the decision(s) in question or P dying. What should happen in these circumstances is, in part, set out in PD 23B, and in part in PD 12B.
15.70If P regains capacity (or, to use the terminology of PD 23B, ‘ceases to lack capacity’), then steps should be taken forthwith to end the proceedings and discharge any orders made in respect of P. Whilst PD 23B refers to an order being sought under COPR r202 (disposal of property where P ceases to lack capacity), PD 12B makes clear that an order should also be sought under COPR r87(1)(b) for the court to declare that it no longer has jurisdiction over P.
1PD 12B para 5. Such an application can be made by P, their litigation friend or any other person who is party to the proceedings, and should be made on a COP9 form together with, in particular, evidence that P no longer lacks capacity to make decisions in relation to the matter or matters to which the proceedings relate.
2PD 23B paras 3–4, PD 12B paras 5–7.15.71If P dies during the currency of proceedings (which is, sadly, not an altogether unusual experience), then this should be brought to the attention of the court as soon as practicable. At that point, proceedings will come to an effective halt,
3See Re RC (deceased) [2010] COPLR Con Vol 1022 at paras 50–54 per Senior Judge Lush. although the court retains a residual jurisdiction in respect of matters such as:
•costs;
4COPR r165 and PD 23B para 10. •the remuneration of a deputy, donee or attorney;
5COPR r167. •fees;
•the discharge of security;
6Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 SI No 1253 reg 37. •(if a deputy has been appointed), the deputy’s final report on the termination of his appointment;
7Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 reg 40. and
•the transfer and delivery of funds.
8PD 23B para 11. 15.72The court will also have a jurisdiction to take necessary steps as regards the protection of P’s identity: see further chapter 13.