Amendments

In November 2024, the chapter Lasting Power of Attorney and Advance Decisions to Refuse Treatment was replaced by two new chapters, Advanced Decisions to Refuse Treatment and Lasting Power of Attorney. This was following a tri.x legal review of the Mental Capacity Act 2005 Resource and Practice Toolkit section ‘Understanding the Mental Capacity Act 2005’.

In November 2024, this chapter was updated following a tri.x legal review of the Mental Capacity Act 2005 Resource and Practice Toolkit section ‘Understanding the Mental Capacity Act 2005’.

In November 2024, this chapter was updated following a tri.x legal review of the Mental Capacity Act 2005 Resource and Practice Toolkit section ‘Understanding the Mental Capacity Act 2005’.

In November 2024, this chapter was updated following a tri.x legal review of the Mental Capacity Act 2005 Resource and Practice Toolkit section ‘Understanding the Mental Capacity Act 2005’.

This chapter was updated in November 2024, and provides basic guidance about completing the Court of Protection (COP) forms that are most commonly prepared by practitioners involved in a case. It should be read alongside any formal guidance available.

If you are in any doubt about how to complete a form, seek legal support as soon as possible, as most forms have a limited timeframe in which to be completed and submitted to the Court.   

The required forms depend on the type of application made to the court. For guidance on all the different forms that are required for each application type, see: Court of Protection Forms. 

In November 2024, this chapter was updated following a tri.x legal review of the Mental Capacity Act 2005 Resource and Practice Toolkit section ‘Understanding the Mental Capacity Act 2005’.

Section 4, Consulting Others was amended to clarify the importance of, whenever practicable, identifying and consulting with anyone close to the person who may be interested in their welfare, and of recording the rationale behind any decision made not to consult someone.

In June 2024, Section 5, Deputies was updated to reflect recent case law that confirmed the Court of Protection has an unfettered discretion to revoke or vary a Deputyship.

In April 2024, this chapter has been reviewed and refreshed.

In April 2024, to ensure a focus on DoLS specific terminology, keywords relating to the Mental Health Act 1983 have been removed.

In April 2024, this chapter was reviewed and refreshed.

In April 2024, minor text amends were made.

In April 2024, this chapter has been reviewed and refreshed.

In April 2024, Section 3.4, Providing relevant information was updated to include a link to the revised guidance note from 39 Essex Chambers.

In April 2024, this chapter has been reviewed and refreshed.

In April 2024, this new chapter was added.