A good indication of the value of this book is the fact that my review copy looks a bit battered and there are various sections of text highlighted - in other words, I use it.
A Practitioner's Guide to the Court of Protection, now in its third edition, incorporates all the significant changes (as at April 2009) to the Court of Protection procedures since the introduction of the Mental Capacity Act 2005 (MCA 2005). The author is a practising solicitor and, as the title stales, this book is aimed al the busy practitioner. The text is authoritative but also accessible and readable, which cannot be said for all legal textbooks, which can sometimes be deadly dull and difficult to follow.
The opening chapters predictably cover the core principals of the MCA 2005 and the statutory framework of the Court of Protection. Refreshingly, the book is not padded out with large parts of the MCA 2005, the rules, regulations or code of practice; instead the author provides page after page of explanations and clear analysis of how the Court of Protection procedures and rules operate in practice, and how to apply those procedures.
For instance, writing about completing a COP1A form (at 5.5. on page 141), the author highlights that it is not necessary to include certain information: “There is a presumption that the deputy will be given the right authority to get on with the task in hand, and that he will carry out his duties correctly. There is therefore no need to provide details of property insurance or how personal effects are to be disposed of; the Court will assume that the deputy will act appropriately to insure the property or deal with the personal effects in the person's best interest.” This is just one among many very useful pieces of advice.
As well as dealing with the basic procedures to appoint a deputy, the book also deals with the duties and responsibilities of a property and affairs deputy, and the practical issues concerning managing the property and affairs of the person in different circumstances, such as when P has an interest in a business, or where P has the right to claim welfare benefits (at 8.25 on page 196).
Sufficient time has now elapsed since the introduction of the MCA 2005 for some significant case law to have developed. The book includes comment on the case of Re S and S (C v V) [2008] Court of Protection On Appeal, which highlighted that a person's wishes, values and beliefs, if ascertainable or appropriate, should be implemented wherever possible. There is also detailed analysis of the case of Re P [2009] EWHC 163 (Ch), setting out the new approach taken by the Court of Protection to the creation of statutory wills (the approach taken in Re DJ [1982] Ch 237 where vice-chancellor Megarry laid down a number of general principles which the court should consider when deciding whether a statutory will is now consigned to history) and the wider implications highlighted in Re P concerning structured decision-making.
However, it is the sheer depth of the practical information about straightforward applications, and how to manage the property affairs of the person, including very practical points about the dispositions of property, which make this book a worthy addition to any practitioner's bookshelf. If I had not been provided with a review copy, I would have bought it!
Helen Clarke
PS Magazine - January 2010
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