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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Both professional and lay deputies are entitled to recover reasonable expenses. The rules and the procedure for making an application cop1bb permission are explained in the Practice Note: There is no requirement to file medical evidence or to notify or serve a copy of the application on P or anyone else, unless the court directs otherwise.

Thank you for your feedback. Open Modal Your document is being created. For further guidance on reconsideration and appeals in the Court of Protection, see the Practice Note: Email us email getintouch clarkewillmott.

This report details all decisions made through the year and a record of all income, expenditure and capital. Is this page useful?

For further guidance on the service of documents, see the Practice Note: 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 must apply for permission to appeal. A person may act as a litigation friend on behalf ckp1b 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.

Court of Protection forms.

Deputyship: appointment

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 cop1. 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 capacity P and state the matter which the applicant wants the court to decide and the order the applicant is seeking.

A court officer may not conduct a hearing and must refer to a cop1h any application or any question arising ofrm any application which is contentious or which, in the opinion of the officer is complex, requires a hearing or for any other reason ought to be considered by a judge.


You should also fill in the following forms where instructed: For further guidance on the notification of P and interested parties, see the Practice Note: Deprivation of frm applications []and. A first instance decision of a circuit judge is appealed to a High Dorm judge nominated to sit in the Court of Protection, the President of the Family Division or the Chancellor of the Chancery Division.

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. Applications other than those mentioned in PD 12A may be dealt with by ocp1b judge.

Court of Protection practice and procedure—overview – Lexis®PSL, pract

Related content Collection Court of Protection forms and guidance. Court of Protection—permission to apply. You will then need to tell the affected parties about your application and serve them with the relevant forms: You also need fill in Form COP1: For an overview of these changes, see Practice Note: 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 frm and who may act as a Rule 3A representative, see the Practice Note: Stage 1 — initial application to become a Court of Protection Deputy The following forms are required when making an application to the Court of Protection to become a Deputy: Family Court of Protection; Practice and procedure Court of Protection practice and procedure—overview.

The co1pb can be by any judge of the Court of the Protection including the one who made the decision in respect of which reconsiderationexcept by a judge who is higher up in the appellate structure than the original judge. There are court fees and disbursements which will be payable by all applicants on making a new application to the fogm.

Anthony Fairweather dop1b a partner in Clarke Willmott solicitors’ private client team specialising formm Court of Protection and elderly care advice. 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.

P, any party to the proceedings or any other person affected by an order made by an authorised court officer may apply to the court to have the order reconsidered by a judge. Special foorm apply where the person to be served is a child or a protected party. The hourly rates at which work can be charged by a professional deputy and their team dop1b set by the court and apply to work carried out in four different categories of fee earner:.


The basic appeal structure in the Court of Protection is as follows:.

Deputyship: appointment | Practical Law

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Application for a reconsideration of a decision of the Court of Protection and appeal frm []—[]. PDFKB9 pages. Court of Protection—service of documents. It will help us if you say what assistive technology you use. The powers of authorised court officers are however restricted.

Court of Protection forms

For certain applications to the court, the applicant must obtain permission to apply. If you use assistive technology such as a screen reader and need a version of this document in a more accessible format, please email hmctsforms justice.

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Stage 5 — Annual completion of the Office of the Public Guardian report Between 6 and 8 weeks before each anniversary of the Deputy appointment, the Office of the Public Guardian will contact the Deputy and ask for the Fogm of the Public Guardian Report to be completed and returned to them.

Reconsideration may be undertaken on the papers or at an oral hearing. 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. Coo1b applicant should notify these persons as soon as practicable and in any event within 14 days of the date on which the application form was issued.