Private Client analysis: The decision that being provided with nutrition and hydration was contrary to JP’s best interests is recorded in a separate judgment (NHS South East London Integrated Care Board v JP & Others. This judgment focused on the delay in bringing the matter to court, which delay ‘compromised [JP]’s dignity’ (para [5]). Incapacitious individuals like JP are uniquely vulnerable and their interests require vigilant protection. Their inherent dignity as human beings requires regular assessment of where their best interests lie. Hospital trusts, charities, and ICBs all have to be proactive in promoting the dignity of such individuals. Disputes between family members must not be permitted to delay applications being made to court; instead, they are a signal to make an application. Family members are consulted to illuminate P’s likely wishes and feelings and values and beliefs, not to ascertain the family’s views on what is best. Sensitivity to strongly...
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The Official SolicitorThe Official solicitor (OS) is an officer of the Supreme Court appointed by the Lord Chancellor. The Official Solicitor's staff includes a number of experienced solicitors who specialise in Court of Protection proceedings and whose experience and practical knowledge not only
Letter to GP or other appropriate assessor to complete COP3 in connection with deputyship applicationDear [insert name of GP or other appropriate capacity assessor]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above named is your
Changing or ending a deputyshipA protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is evidence of incapacity. The court is then able to delegate its authority by appointing a deputy to act on P’s behalf, under the terms of an order.The
Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new application to the court. In addition, fees are payable to the supervisory body, the Office of the Public Guardian (OPG). Where a professional is appointed to
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