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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Costs and expenses in the Court of Protection. Read more about making decisions on behalf of someoneincluding the forms you need to fill in when you apply to be a deputy. Request an accessible format. 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 applicant must seek to identify at least three people who are likely to have an interest in being notified that an application form has been issued.
Is this page useful? For certain applications to the court, the applicant must obtain permission to apply. For an overview of these changes, see Practice Note: A court officer may not conduct a hearing and must refer to a judge any application or any question arising in any application which is contentious or which, in the opinion of the officer is complex, requires a hearing or for any other reason ought to be considered by a judge.
When the order is granted, a further form will be sent to the applicant to set up the security bond with Deputy Bond Services DBS. Annex B – Supporting information for personal welfare applications PDFKB8 pages This file may not be suitable for users of assistive technology. A person may act as a litigation friend on behalf of any of the above persons, providing he can fairly and competently conduct proceedings on behalf of that person, and has no interests adverse to those of that person.
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. There are court fees and disbursements which will be payable by all applicants on making a new application to the court. For further guidance on how to make an application to the court, see the Practice Note: An application should be made within 21 days of the date of the order being served or such other period as the court may direct.
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.
You should also fill in the following forms where instructed: The following is a summary of Court of Protection forms that you might need to use when engaging with the Court of Protection.
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Deputyship: appointment | Practical Law
There is no requirement to file medical evidence or to notify or serve a copy of the application on P or anyone else, unless the court directs otherwise. Our expert Court of Protection solicitors would be happy to help you complete these forms, or even submit them on your behalf. Where a professional is appointed to act as deputy, they will be entitled to charge for their work carried out on behalf of P. Application to register an enduring power of attorney and applying to the Court of Protection with an objection .
Ask us consultation Request a consultation. Close max item overlay Sorry, you have reached the maximum documents that you can select; please select 50 documents or less. 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.
Please tell us what format you need. Litigation friends and Rule 3A representatives in the Court of Protection.
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.
If you use assistive technology such as a screen reader and need a version of this document in a more accessible format, please email hmctsforms justice. Court of Protection—reconsideration and appeals. A further COP14 form is served to the person you have applied to be Deputy for to inform them the deputyship order had been granted by the Court of Protection. This presumption may however be displaced where circumstances reasonably indicate that P’s family should not be notified and that others should be notified instead.
Application for a reconsideration of a decision of the Court of Protection and appeal procedure —. Close no Doc overlay You have not selected a document. Maybe Yes this page is useful No this page is not useful Is there anything wrong with this page?
The hourly rates at which 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:.
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. Reconsideration may be undertaken on the papers or at an oral hearing. Free trials are only available to individuals based in the UK. Applications that are not suitable for the short procedure are also outlined in Cop1n 9D.