5 of 5 people found the following review helpful
COURT OF PROTECTION HANDBOOK
A User’s Guide
By Alex Ruck Keene, Kate Edwards, Professor Anselm Eldergill and Sophy Miles
ISBN: 978 1 90840 739 9
THE LEGAL ACTION GROUP
THE REALITIES OF THE COURT OF PROTECTION CLEARLY EXPLAINED FOR LAYMEN AND LAWYERS ALIKE
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
With an aging population, health and legal issues relating to mental capacity are occurring with increasing frequency and affecting the lives of more people than ever before. It is a sobering thought that, as the expert editors of this book point out, ‘any of us at any time could find ourselves incapable of taking decisions about our health, our welfare, or our finances.’
Under such circumstances, the Court of Protection, established under the Mental Capacity Act 2005 (MCA) is the ultimate decision maker. It is therefore timely that this excellent handbook from the ever-reliable Legal Action Group (LAG) has been published.
Yes, there are books already available which deal with the MCA and the Court of Protection. But this is the first book that explains in understandable detail how the Court works and what practices and procedures take place. The learned authors who are all specialists in this field have covered the full range of the work of the Court of Protection.
In keeping with the traditions of the LAG, the Handbook is not only authoritative, detailed and reliable, but readable and accessible as well. The book is aimed not only at experts or practitioners and advisers, but at virtually anyone involved with proceedings before the Court of Protection whether represented by a lawyer or not.
Writing in the Foreword, the President of the Court of Protection, Sir James Mumby states that ‘this useful and practical work… should be in the hand of every practitioner and more particularly, of every lay user of the Court of Protection.’
The book first examines the historical roots of the Court of Protection which, since 2007 has been tasked not merely with the responsibility to take decisions on property and affairs, but also those relating to health and welfare. In the second section, all matters pertaining to the life of an application to the Court are explained, from the initial drafting through to the final determination, plus such consequent issues as costs, enforcement and appeals. The third section discusses specific issues, from Alternative Dispute Resolution (ADF) to instructing psychiatrists in Court of Protection cases. Also in this section is an overview of DOLS (Deprivation of Liberty Safeguards) and an examination of cross-border matters.
For further information and research, the Handbook contains extensive tables of cases, statutes, statutory instruments, European and international conventions and treaties -- and a table of guidance, plus seven appendices and a detailed index at the back.
All users of the Court of Protection will find this logically ordered and clearly written handbook of enormous benefit.
The authors have stated the law as at 28 April 2014, although they have also sought to incorporate wherever possible, developments to June 2014. Subsequent developments will be noted on an accompanying website.
on 6 June 2015
I used Alex Ruck-Keene's guide to Statutory Wills, (which he very selflessly placed online) for just such an application, and it told me absolutely everything I needed to know. The Court of Protection is a very unforgiving forum in which to work, and at around 400 pounds per application, mistakes are not something which you or your clients can afford. This guide is excellent, and if you actually read the reviews where less than five stars were awarded, one said it was "very useful", and the other appeared to have been written by a small child.
This is an excellent guide on a very tricky area of practice, where often the district judges know less than the court office. I'd recommend it unreservedly.