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EFIS 120, December 2017 : Court of Protection

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The Court of Protection Rules 2017 revoke and replace the Court of Protection Rules 2007 and will come into force on 1st December.

In addition to consolidating the 2007 Rules, the 2017 Rules adopt a different order which was piloted by a 2016-2017 Practice Direction entitled the "Practice Direction - Case Management Pilot" and which also introduce some new rules which were also piloted in the above Practice Direction.

COPDOL11 is a form which can be used to apply for authorisation of a deprivation of liberty in accordance with a streamlined procedure in accordance with the cases of Re X and Ors (Deprivation of Liberty) [2014] EWCOP 25 and Re X and Ors (Deprivation of Liberty 2) [2014] EWCOP 37. COPDOL11 replaces the existing form COPDOL10. Therefore COPDOL10 has been withdrawn from the range.

Although paragraph 3 of new Practice Direction 24C states that the current versions of these COP forms will be accepted until 12th January 2018 "...or such later date as the senior judge may direct..." practitioners may prefer to use the latest versions of the above forms which the Court of Protection has amended for applications made on and after 1st December.

Our OPG Workflow is now available for Deputies appointed by The Court of Protection.

Find out more about this invaluable tool by visiting our website

For details of field amendments please go to:

Forms affected

COPDOL10 Application to authorise a deprivation of liberty Withdrawn
CON36 Power of Attorney (General) New/Amended
LPA007 Objection to the Office of the Public Guardian of a proposed registration of a Lasting Power of Attorney on factual grounds New/Amended
CON37 General Power of Attorney Under Section 10 of the Powers of Attorney Act 1971 New/Amended
COP1 Application form New/Amended
COP1B Annex B - Supporting Information for Personal Welfare Applications New/Amended
NL(1) Application for Registration of Notice Affecting Land New/Amended
COP3 Assessment of Capacity New/Amended
NL(2) Application for Search of Register of Notices Affecting Land 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
COP24 Witness Statement New/Amended
COP25 Affidavit New/Amended
COP35 Appellant's Notice New/Amended
OPG102 Deputy report form - Property and financial decisions New/Amended
COP29 Notice of hearing for committal order New/Amended
COP12 Special undertaking by trustees New/Amended
COP21B Court of Protection: Guidance notes on completing form COP20B Certificate of service non-service notification/nonotification New/Amended
COP1C Annex C: Supporting information for statutory will, codocil, gift(s), deed of variation or settlement of property New/Amended
COP1D Annex D: Supporting information for applications to appoint or discharge a trustee New/Amended
COP1F Annex F: Supporting information relating to validity or operation of enduring power of attorney (EPA) or lasting power of attorney (LPA) New/Amended
COPDOL11 Application to authorise a deprivation of liberty 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.