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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Making an application to the Court of Protection. The application form should also name, as respondent, any person other than P whom the applicant reasonably believes to have an interest, such that he should be heard in relation to the application and name any person who is entitled to be notified of the application.
For further guidance on the notification of P and interested parties, see the Practice Note: Application for a declaration of testamentary capacity or authority to make a statutory Will . It fom be noted, however, that the examples set out in the practice direction are only examples and the short procedure is not appropriate where the application is likely to be contentious.
Is this page useful? PD 9D contains examples of cases which may be suitable for the short procedure. Special rules apply where the person to be served is a child or a protected party.
Please select a document. The hourly rates at fogm work can be charged by a professional deputy and their team are set by the court and apply to work carried out in four different categories of fee earner:.
Unless the court has ordered that the time for service be amended, then as fomr as practicable, and in any event within 21 days of the date on which the application form was issued, the applicant must serve a copy of the application on any person who is named as respondent in the application form, together with copies of the relevant application documents and a form COP5 for acknowledging service.
Costs and expenses in the Court of Protection. Who can make decisions for someone who lacks capacity Elderly Care and Court of Protection blog — for news and articles Wealth, Health and Inheritance Briefing — view the latest edition and sign up for regular updates Contact a Court of Protection solicitor If you need advice about becoming a Court of Protection Deputy or help with completing Court of Protection forms call our specialist team of lawyers now on or contact us online.
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Deputyship: appointment | Practical Law
Fillable pdf LexisSmart versions of the following Court of Protection forms are available in this subtopic:. Annex B – Supporting information for personal welfare applications PDFKB8 pages This file may not be suitable for users of assistive technology. Members of P’s close family are by virtue of that relationship likely to have an interest in being notified, and there is a presumption that a spouse, civil partner, any other partner, parent or child are likely to have an interest in the application.
Court of Protection—permission to apply. Looking for legal advice? 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. The rules and the procedure for making an application for permission are explained in the Practice Note: 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.
P or any party or person affected by an order made without a hearing or without notice to them has an automatic right to seek a reconsideration of that order. Apply to make decisions on someone’s behalf personal welfare. For further information, see the Practice Note: A decision of a district judge is appealed to a circuit judge.
This document is available in the following Practice Areas
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: It may take a few minutes to reach its recipient s depending on the size of the document s.
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Once an application form is filed at the court, provided permission is not required or has been granted by the court, the court will issue the application by recording by date cip1b, either on the application form held on the court file or on the letter accompanying the form, the date it was received. Alternatively, send us an email using the feedback icon in the toolbar below. Find out more about cookies.
Application for a reconsideration of a decision of the Court of Protection and appeal procedure —. Skip to main content. Email us email getintouch clarkewillmott. An application should be made within 21 days of the date of the order being served or for other period as the court may direct. Read more about making decisions on behalf of someoneincluding the forms you need to fill in when you apply to be a deputy. Guideline hourly rates are applied in bands depending on fom location of the solicitor in question.
Stage 2 — Court of Protection forms to be served to relevant parties Once the application has been sent to the Court, they will respond within weeks with a completed COP1 form, bearing the stamp of the Court of Protection. Applications other than those mentioned in PD 12A may be dealt with by any judge.
What were you doing? 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 friends and who may act as a Rule 3A representative, see the Practice Note: The Senior Judge or the President may authorise a court officer to exercise the jurisdiction of the court in such circumstances as set out in Practice Direction 3A.
For further guidance on reconsideration and appeals in the Court of Protection, see the Practice Note: