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EFIS 43, October 2007 : Court of Protection

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Pursuant to EFIS No. 38 in September, we now enclose several new Court of Protection forms. The Court of Protection Rules 2007 set out the new procedures to be followed in the reconstructed Court of Protection which was created under section 45 of the Mental Capacity Act 2005.

Practitioners who would like to have more information about these new procedures and forms can obtain a booklet numbered COP42 “Making an Application to the Court of Protection” from the Office of the Public Guardian.

COP1 starts proceedings and specifies the order which the applicant seeks. COP1A is filed with the court where the application relates to property and affairs. COP1B is filed with COP1 in relation to personal welfare.

COP2 may also need to be filed with COP1 where permission is required. COP3 is also filed with COP1, where an assessment of the individual’s capacity is required.

COP4 is filed with COP1 when the applicant is asking the court to appoint a deputy. COP5 must be filed by parties who want to take part in proceedings.

COP7 is used to object to the registration of a lasting power of attorney and COP 8 can be used to object to the registration of an enduring power of attorney.

COP9 is used for certain types of applications and COP10 by people who want to join proceedings who did not originally receive notification on COP1.

COP14 is used to explain the nature of the proceedings to a person who lacks capacity to understand the matter for which notification is provided.

COP15 informs interested third parties that a document has been served or notification provided.

COP20 must be filed with the court to confirm that a document has been served or notification provided.

COP35 is used to appeal against a decision and COP36 is used by respondents in an appeal.

COP37 is used by appellants and respondents in support of their appeal.

The existing Court of Protection forms CP NOTLET, CPRECDEC and CP28 became obsolete on 1st October and need to be removed.

This EFIS requires deletions. For deletion instructions, click here

Forms affected

CPNOTLET Notification Letter Withdrawn
CPRECDEC Receiver's Declaration Withdrawn
CP28 Receiver's Account Withdrawn
COP1 Application form New/Amended
COP1A Annex A - Supporting Information for Property and Affairs Applications New/Amended
COP1B Annex B - Supporting Information for Personal Welfare Applications New/Amended
COP2 Permission form New/Amended
COP3 Assessment of Capacity New/Amended
COP4 Deputy's Declaration New/Amended
COP5 Acknowledgment of Service/Notification New/Amended
COP7 Application to Object to the Registration of a Lasting Power of Attorney (LPA) New/Amended
COP8 Application Relating to the Registration of an Enduring Power of Attorney (EPA) New/Amended
COP9 Application Notice New/Amended
COP10 Application Notice for Applications to be Joined as a Party New/Amended
COP14 Proceedings about you in the Court of Protection New/Amended
COP14A Guidance notes on completing form COP14 New/Amended
COP15 Notice that an application form has been issued New/Amended
COP15A Guidance notes for completing form COP15 New/Amended
COP20 Certificate of Service/Non-service: Certificate of Notification/Non-notification New/Amended
COP22 Certificate of Suitability of Litigation Friend New/Amended
COP23 Certificate of Failure or Refusal of Witness to Attend Before an Examiner New/Amended
COP24 Witness Statement New/Amended
COP25 Affidavit New/Amended
COP30 Notice of Change of Solicitor New/Amended
COP31 Notice of Intention to File Evidence By Deposition New/Amended
COP35 Appellant's Notice New/Amended
COP36 Respondent's Notice New/Amended
COP37 Skeleton Argument New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.