The Family Lawyer and The Court of Protection
By Marc Marin
The UK's Mental Capacity Act 2005 has changed the role and work of the Court of Protection. The court's jurisdiction now extends not only to financial and property matters, but also to health and welfare issues and disputes relating to lasting powers of attorney. The traditional Court of Protection user was the private client solicitor and the family member who wanted to be appointed a receiver to manage a relative's financial affairs. The court had a largely informal way of working with few set procedures. The new jurisdiction has introduced formal rules and procedures which must be followed in the UK. It has also introduced a new user base. The court is more high profile than ever before. Lawyers who do not undertake private client work will therefore need to understand the court's procedures, for example, within the context of any number of family disputes. Accordingly, this book - aimed at lawyers who specialize in family matters - explains the relevance of the Court of Protection to their work and provides the relevant UK law and procedural knowledge needed to properly advise clients.
Publication Date: 6/30/2010