THE DEFINITIVE GUIDE FOR LAWYERS AND JUDGES WORKING IN THE COURT OF PROTECTION

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

There are few more sensitive and vexed areas of law than those dealing with mental incapacity, which in recent years, has become the remit of the relatively new Court of Protection – established by the Mental Capacity Act 2005 (MCA) with nominated judges and a regional presence.

Issues concerning the welfare of ‘adults whose capacity to make their own decisions is in doubt’ call for, in my view, special gifts, of acuity, intellect and compassion on the part of practitioners. “Court of Protection Practice 2010” provides such practitioners – lawyers and judges – with a detailed, authoritative and up-to-date guide, in one single portable volume, to the enlarged jurisdiction. It will, without doubt, enable dedicated practitioners to act for clients with even greater accuracy and efficiency.

There's much important new material in this second edition. A welcome addition in Part VII is where Ashton has included certain Precedent Orders gleaned from actual experience, namely Standard Orders, Directions Orders and Final Orders. The precedent orders (directions and final) are included on the accompanying CD-ROM which is great for practitioners. And in Part VIII, the Case Summaries section addresses the pressing need for wider reporting of the Court's first instance decisions, which effectively and helpfully demonstrate the workings of the law in practice for those confused by the new regime.

There are new sections offering detailed and updated commentary on mediation… The involvement of the media… Deprivation of liberty safeguards… And expanded commentary on the paradox of costs.

The reputation of the expert authors for their experience and expertise in this specialized field goes before them, including new contributor, Adrian Ward, who has been involved in the development of the parallel jurisdiction of Scotland, thereby offering additional and valuable insight into cross border issues which often arise.

This indispensible volume includes all relevant primary and secondary legislation with detailed annotations, as well as procedural guides outlining the necessary steps in making a variety of applications, from powers of attorney to proceedings in the High Court or a County Court matter involving a protected party. The relevant forms are included with guidance notes cover the Court of Protection, Lasting Powers of Attorney and Enduring Powers of Attorney.

As you might expect in a volume of this thoroughness and scope, there are extensive Tables of Statutes, Statutory Instruments, Cases, Practice Directions, Codes of Practice and EC and International Regulations.

‘A full armoury in one place,’ says the publisher – a comment with which we cannot help but agree. The law is stated as at February 2010, with future regular updates planned and for practitioners like us it is invaluable.