An Introduction to the Court of Protection
Since it was set up in 2007, the Court of Protection has made crucial decisions about the lives of vulnerable people who are unable to make decisions for them. It also supervises attorneys and deputies. Following the case of Cheshire West in 2014 on deprivation of liberty, there has been an expansion of work for lawyers in this area. With increasing numbers of elderly people and the need to manage their property and affairs, this area of law will inevitably have a growing market.
This course will be an introduction to the operation of Mental Capacity Act 2005 and the work of the Court of Protection. It will consider what the court does, how to advise attorneys and deputies, the crucial concepts in the Act which need to be understood, how the law applies to welfare cases and property and affairs, how to make applications in the court and what issues the court can decide.
What You Will Learn
This course will cover the following:
- An overview of the MCA and the Court of Protection
- The principles on which the Court acts
- The key principles in section 1
- What ‘best interests’ means and how to apply the concept in practice
- The tensions between best interests decisions and the statutory duties on local authorities and the NHS
- The role of attorneys and deputies
- The court procedure and the use of evidence
- What remedies can the court provide?
- How to manage a case after the introduction of the Court of Protection Rules 2017
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