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What are the changes to the Court of Protection Rules 2007 and why are they important?

Date:18 MAR 2015
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Kelly Schofield member of the Court of Protection team at Wright Hassall LLP

The Court of Protection (Amendment) Rules 2015 amending the Court of Protection Rules 2007 were made on 4 March 2015 and laid before Parliament on 9 March 2015. These changes came about by way of recommendation made by a committee established by the Court of Protection President.

Increased participation of the person who lacks capacity

One of the main focuses of the recent changes include encouraging the person who lacks capacity (P) to become more involved in Court of Protection proceedings. There is a requirement that in each case the court will consider making directions to enable P to be more involved in the proceedings. The court could direct anything from Rule 3A below:

(a) P should be joined as a party;

(b) P’s participation should be secured by the appointment of an accredited legal representative to represent P...

Read the full article here.