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Court of Protection July 2015 Update

Adrian Hawley

Adrian Hawley
Head of Court of Protection
Manchester Office

Court of Protection: New Forms and Legislation Changes from July 2015

Our Head of Court of Protection, Adrian Hawley, would like to provide you with a quick review of the new forms and Legislation that affects Court of Protection work moving forwards.

It’s all change in the Court of Protection world with the introduction of a raft of new forms that came into effect from 1 July 2015. The new forms can be found on the .gov website. Please click here for more information.

Below are a list of the Court of Protection forms that have been affected by the changes.

COP1, Court of Protection Application Form

COP1A, Annex A Supporting information for property and affairs applications

COP1B, Annex B Supporting information for personal welfare applications

COP1C, Supporting information for statutory will, codicil, gift(s), deed of variation or settlement of property.

COP1D, Supporting information for applications to appoint or discharge a trustee.

COP1E, Supporting information for an application by existing deputy or attorney.

COP5, Acknowledgment of service/notification

COP7, Application to object to the registration of a lasting power of attorney (LPA)

COP8, Application relating to the registration of an enduring power of attorney (EPA)

COP9, Application notice

COP10, Application notice for applications to be joined as a party

COP20A, Certificate of notification/non-notification of the person to whom the proceedings relate

COP20B, Certificate of service/non-service notification/non-notification

COP22, Certificate of suitability of litigation friend

COP25, Affidavit

COP30, Notice of change of solicitor

COP31, Notice of intention to file evidence by deposition

COP35, Appellant’s notice

COP37, Skeleton argument

COPDLA, Deprivation of Liberty Application form

COPDLB, Deprivation of Liberty

COPDLD, Deprivation of Liberty, Certificate of service/non-service, Certificate of notification/non-notification

COPDLE, Deprivation of Liberty acknowledgment of service/notification

 

Some of the Lasting Power of Attorney forms have also been amended and can also be found on the .gov website. Please click here for more information.

Legislation has finished its progression with the new Practice Directions, and amendments to the Practice Directions, supplementing the Court of Protection Rules 2007 that were introduced from 1 July 2015 following the earlier introduction of Practice Direction 3A and 3B that came into effect on 6 April 2015. The legislation can be located at The Court of Protection (Amendment) Rules 2015.

The overriding amendment is the introduction of the Practice Direction 2A which compels the Court to take into the involvement of “P” during the setting up and application to the Court of Protection.

PIC can support you with the costs process for your Court of Protection work in relation to applications and Property and financial affairs including the annual general maintenance of finances. For further information please contact Adrian on 0161 4133 850 or at adrian.hawley@pic.legal. Alternatively, if you would like to arrange the collection of a file for Costing please contact Jacqui Gibbs at Jacqui.Gibbs@pic.legal or by calling 01302 343666.

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