Please note: This form must be submitted with COP1. Section 1 – Type of application – A fee is payable per application (see COP44). This application relates. Applications to the court to start proceedings should be made by filing a COP1 application form, which should identify the applicant and the person lacking. What do I need to know about court forms and documents? What do . probably need to fill in these forms: COP1, COP2, and COP3. You will also need to fill.
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P should also be notified of the application unless P has become a party to the application, or unless the court has exercised its discretion either on its own initiative or on application to direct that P must not be notified.
Court of Protection practice and procedure—overview – Lexis®PSL, pract
Court of Protection—reconsideration and appeals. PDFKB9 pages. Unless the court has ordered that the time for service be amended, then as soon as practicable, and in any event within 21 days of the date on which the application form was issued, the applicant must serve a copy of the application on any person who is named as respondent in the application form, together with copies of the relevant application documents and a form COP5 for acknowledging service.
You will also need to give them a copy of the original application form COP1 and then ask them to complete form COP5 which confirms their consent to the deputyship.
These rule changes were accompanied by new Practice Directions and the introduction of new Court of Protection forms, which came into effect from 1 July The number of forms to be completed and signed by various parties can be a daunting process.
The following is a summary of Court of Protection forms that you might need to use when engaging with the Court of Protection.
Is this page useful? If a party wishes to appeal a decision of the Court of Protection then, with the exception of an appeal against an order for committal to prison, they dorm apply for permission to appeal.
You should also fill in the following forms where instructed: A court officer may not conduct a hearing and must cpp1b to a judge any application or any question arising in any application which is contentious or which, in the opinion of the officer is complex, requires a hearing or for any other reason cop1v to be considered by a judge.
It may take a few minutes to reach its recipient s depending on the size of the document s. The court has discretion to dispense with any requirement to serve a document and an application for an order to dispense with service may be made without notice.
Court of Protection forms
Please use the checkboxes to select at least one document. A person may act as a litigation friend on behalf of any of the above persons, providing he can fairly and competently conduct proceedings on behalf of that person, and has no interests adverse to those of that person.
The applicant should file with the application form any evidence upon which he intends to rely in the form of a COP24 witness statement, an order granting permission if that was a prerequisite to making the application see belowan assessment of capacity in form COP3, any other documents referred to in the application form and such other information and material as may be set out in the Practice Directions.
For further details of the various costs, fees and expenses and the available exemptions and remissions, see Practice Note: Practice Direction 12A formm out certain types of application, including those involving serious medical treatment or the withholding of life-sustaining medical treatment, that may only be dealt with by the President, the Vice-President or one of the other judges nominated by virtue of MCAss 46 2 fkrm — c. Both professional and lay deputies are entitled to recover reasonable expenses.
Permission is not usually required to make an application relating to property and financial affairs, but permission may be required to make an application relating to personal welfare. Please tell us what format you need. When considering an application, the court will consider whether the application must be dealt with by a judge and, if so, what level of judge, or whether it may be dealt with by a court officer.
The Senior Judge or the President may authorise a court officer to exercise the jurisdiction of the court in such circumstances as set out in Practice Direction 3A.
Maybe Yes this page is useful No this page is not useful Is there anything wrong with this page? Court of Protection, are available in this subtopic:. Read the guidance notes in the form before you fill it in.
Where a professional is appointed to act as deputy, they will be entitled to charge for their work carried out on behalf of P. Looking for legal advice? This report details all decisions made fofm the year and a record of all income, expenditure and capital. Fform further guidance cop1h the notification of P and interested parties, see the Practice Note: Court of Protection—service of documents.
Who can make decisions for someone who lacks capacity Elderly Care and Court of Protection blog — for news and articles Wealth, Health and Inheritance Briefing — view the latest edition and sign up for regular updates Contact a Court of Protection solicitor If you need advice about becoming a Court of Protection Deputy or help with completing Court of Protection forms call our specialist team of lawyers now on or contact us online.
Court of Protection forms – Clarke Willmott Solicitors
This presumption may however be displaced where fotm reasonably indicate that P’s family should not be notified and that others should be notified instead. For further guidance on how to make an application to the court, see the Practice Note: The applicant should file a form COP1 along with the court application fee.
Ask us consultation Request a consultation. Annex B – Supporting information for personal welfare applications PDFKB8 pages This file may not be suitable for users of assistive technology. For further information on litigation friends and Rule 3A representatives in the Court of Protection, including the rules relating to the appointment and removal of litigation friends and who may act as a Rule 3A representative, see the Practice Note: