The new Court of Protection Rules come into force on 1 December 2017 and set out the practice and procedure to be followed in the Court of Protection, including making applications to the court, how the case will be managed through the court and who should be notified of the proceedings.
If you are a lay or professional deputy for someone who lacks capacity and you need to make an application to the court or you need to involve the court in any other way, the new court of protection rules will apply to you. These new COP rules revoke the earlier 2007 Court of Protection Rules and incorporate the case management rules which have been implemented by way of the Case Management Pilot since September 2016. The new rules will be in the same format as the Civil Procedure rules and the Family Procedure Rules. For full details on what the new rules entail, see link below:
The Private Client team at Clarion have a vast amount of experience in dealing with Court of Protection matters and often advise and assist lay and professional deputies in their role as deputy. They can assist on a one-off basis in respect of a particular application or report, or they can assist on an ongoing basis including with the annual reporting requirements. Additionally, Clarion has an experienced in-house cost team who assist with the preparation of Bills of Costs in Court of Protection matters and are highly successful at achieving excellent recovery rates.
If you require any assistance in your role, or have any concerns or questions about how the new court of protection rules might affect you, please do not hesitate to contact Kerri-Anne Ball on 0113 222 3243 or at
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