A Practitioner's Guide to the Court of Protection


Book Description

"Navigate the extensive jurisdiction and powers of the Court of Protection. The Court of Protection affects an ever increasing number of people, among whom are some of the most vulnerable members of society. They need the best support and protection that the law and legal profession can provide. A Practitioner's Guide to the Court of Protection is written by practitioners whose individual and combined experience provide an invaluable guide to the law and practical application. The new Fourth Edition covers both the property and affairs and the welfare parts of the Court's jurisdiction, with new and expanded chapters covering: The Court of Protection Rules 2017 Case management pathways Welfare and Deprivation of Liberty Private international law The practical application of the Mental Capacity Act 2005 Lasting and Enduring Powers of Attorney Case law, practice and procedure of the Court of Protection Latest guidance and practice notes from the Office of the Public Guardian It is essential reading for anyone involved in Court of Protection practice including private client practitioners, mental health practitioners, family law practitioners, deputies, local authorities, accountants, Independent Mental Capacity Advocates, Welfare Accredited Legal Representatives, and advocates."--Bloomsbury Publishing.




A Practitioner's Guide to the Court of Protection


Book Description

Navigate the extensive jurisdiction and powers of the Court of Protection. The Court of Protection affects an ever increasing number of people, among whom are some of the most vulnerable members of society. They need the best support and protection that the law and legal profession can provide. A Practitioner's Guide to the Court of Protection is written by practitioners whose individual and combined experience provide an invaluable guide to the law and practical application. The new Fourth Edition covers both the property and affairs and the welfare parts of the Court's jurisdiction, with new and expanded chapters covering: - The Court of Protection Rules 2017 - Case management pathways - Welfare and Deprivation of Liberty - Private international law - The practical application of the Mental Capacity Act 2005 - Lasting and Enduring Powers of Attorney - Case law, practice and procedure of the Court of Protection - Latest guidance and practice notes from the Office of the Public Guardian It is essential reading for anyone involved in Court of Protection practice including private client practitioners, mental health practitioners, family law practitioners, deputies, local authorities, accountants, Independent Mental Capacity Advocates, Welfare Accredited Legal Representatives, and advocates.




Protecting Court


Book Description

Protecting Court: A Practitioner's Guide to Court Security examines the art of protecting today's courts by using history as its example and common sense as its foundation. As demonstrated far too often in today's news, there are some who will lash out in anger and violence if the scale of justice does not weigh in their favor. The intensity of emotion within the courthouse has placed a spotlight on the court security officer whose role is to ensure that all participants in the courthouse are safe and free from harm. Protecting Court illustrates the importance of courtroom security measures which are too often overlooked until grave tragedies occur. Well paced examples throughout the book depict specific courtroom events to demonstrate applicable concepts and solutions for court security practitioners. For every Sheriff responsible for creating a safe and secure courthouse, 'Protecting Court' is absolutely required reading for practical court security! -Sheriff Thomas Faust (Ret.), former Executive Director, National Sheriffs' Association Jimmie Barrett has captured the essence of court security, and his book is a must for all judges, bailiffs, court security officers, and court administrators. -Judge Richard W. Carter (Ret.), Arlington, Texas Director of Legal Services, Crime Stoppers USA. Author of: Court Security for Judges, Bailiffs & Other Court Personnel 'Protecting Court' is designed to be used by law enforcement and criminal justice officials addressing the complex issues of providing court security. This book provides a much needed pragmatic guide of best practices in courthouse security strategies. -Sheriff Beth Arthur, Arlington County, Virginia 'Protecting Court' should be the resource every court security professional reaches for before entering their first courtroom. -Lynda S. O'Connell, CAE, Executive Director, Virginia Center for Policing Innovation




Court of Protection Handbook


Book Description




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Copyright Law


Book Description

Written by two nationally recognized lawyers who have litigated major copyright cases in today's digital age, Copyright Law, Second Edition helps you to: - understand the scope of copyright owners' exclusive rights - prove copyright infringement and obtain appropriate remedies - renew, restore, and recapture copyrights - know when Internet-related activities constitute copyright infringement




A Practitioner's Guide to Powers of Attorney


Book Description

A Practitioner's Guide to Powers of Attorney, Eighth Edition is a practical, user-friendly and easy to read guide to all forms of power of attorney including ordinary power of attorney, lasting power of attorney and enduring power of attorney. Offering a detailed overview of the subject as a whole, this book also provides in-depth advice on more specific and complex areas including execution of documents and protection of third parties. Fully up to date with the latest legislation and case law, this new edition responds to questions, such as: Can you modify the circumstances in which the appointment of replacement attorneys become effective, or are you bound by what is in the Act?; Can you extend the power of attorneys to make gifts?; Can the donor authorise an attorney to change the will of the donor?; If two or more attorneys are appointed jointly and severally, can the donor require two attorneys to make some decisions?; Can a donor require an attorney to obtain the consent of a third party to a transaction?; If a partner in a limited liability partnership is appointed as attorney, can an employee of the firm give the certificate?; How will the court deal with objections to the registration of a power? This is an invaluable handbook for solicitors, legal executives, accountants, will writers, licensed conveyancers, banks and building societies, and anyone who is acting under a power of attorney and needs to know their powers, duties and rights.




Police Misconduct


Book Description




A Practical Guide to the Court of Protection


Book Description

This practical guide introduces the Court of Protection, an explanation of the relevant legal framework and provides practical support with common applications to the court. The book contains various precedent documents and is the go-to resource for practitioners. ABOUT THE AUTHOR Holly Chantler is an experienced older and vulnerable client solicitor with particular expertise in dealing with complex issues relating to mental capacity, financial abuse, powers of attorney, advance decisions and the Court of Protection (contentious and non-contentious matters). Holly holds a number of professional appointments and qualifications, including as a Court of Protection panel deputy, panel guardian and a director of national organisations Solicitors for the Elderly and the Professional Deputies Forum. She also sits on the Court of Protection Rules Committee and acts as a professional stakeholder for the Ministry of Justice, Office of the Public Guardian and Court of Protection. CONTENTS Chapter One - Introduction to the Court of Protection Chapter Two - Specific Tests of Capacity: The Information Relevant to the Decision Chapter Three - When an Application to the Court of Protection May Be Required Chapter Four - Common Applications to the Court of Protection Chapter Five - ACC & Ors (Property and Affairs Deputy; Recovering Assets Costs for Legal Proceedings) [2020] EWCOP 9 (27 February 2020) Chapter Six - Making the Application Chapter Seven - Costs and Fees in the Court of Protection Chapter Eight - Who Is the Client? Appendix 1 - Resources Appendix 2 - Email Addresses for the Court of Protection Appendix 3 - Letter of Instruction to an Independent Assessor Appendix 4 - Deed of Appointment of New Trustee Pursuant to Section 36(1) Trustee Act 1925 Appendix 5 - Precedent Section 54 Trustee Act 1925 Order Appendix 6 - Precedent Section 36(9) Trustee Act 1925 Order Appendix 7 - Precedent Deputyship Order Appendix 8 - Orders You Are Seeking (Box 4.1 COP1) Appendix 9 - Re ACC Precedent Clauses Appendix 10 - Precedent Statutory Will Provisions