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What’s involved in Court of Protection proceedings?
17 March, 2023 3 minutes reading time
Finding yourself involved in Court of Protection proceedings can be stressful, especially when it’s unfamiliar territory for you.
The Court of Protection was set up to safeguard vulnerable people who lack the mental capacity to make decisions for themselves. These decisions may relate to the person’s health and welfare.
When a dispute about a vulnerable person occurs, the Court of Protection is legally obliged to get involved and resolve those disputes. Generally, Court of Protection matters run smoothly, but there are occasions where more complicated disputes arise, and it might help you to seek advice from a specialist to resolve them.
Court of Protection Proceedings
Proceedings involve the family of the person in question. They are typically notified of the application and allowed to respond. These proceedings can cover various situations, such as a family member applying to become the person’s Deputy (managing their affairs), the Local Authority applying to place the person in a care home, or an application to approve a financial transaction on their behalf.
Challenging an application
If you have received an application or you want to respond to proceedings started by someone else, you should confirm you want to be part of the hearing so you can give your views. You must complete an official form COP5 or “Acknowledgement of Service”. This”official guidance note will help you to understand the process.
You can make a ‘position statement’ or a formal witness statement. At this point, it would be advisable to seek specialist advice to help you understand your options and where you stand.
Position and witness statements
A position statement is a short formal document that sets out your position for the Court. If you need to go into more detail about why you disagree with the facts stated in the application and you have supporting evidence to give, then you would need to compile, file and serve a formal witness statement. This is known as COP24. A copy of this form can be downloaded here.
Court hearing
If someone contests the application, they can attend a court hearing. This hearing may involve testimony from care workers, doctors, and psychiatrists to determine the person’s capacity. If you plan to challenge the application, it’s strongly recommended you seek specialist legal advice. Alternatively, a lawyer can represent you. A Court of Protection lawyer can present your case to the judge and question witnesses on your behalf.
Should I seek legal advice?
Court of Protection proceedings can be daunting. Our specialist team of lawyers are here to help if you need further information or advice. Please contact us to make an appointment.
Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.