New guidance issued on facilitating the participation of a Protected Party and vulnerable persons in Court of Protection Proceedings

Mr Justice Charles has issued helpful guidance in relation to how to facilitate the contributions of Protected Parties in various circumstances throughout COP proceedings.

The practical guidance is provided to suggest how practitioners and professionals in the field might consider encouraging and promoting the participation of the Protected Party in proceedings in the COP. The guidance states that it is primarily directed towards health and welfare cases in the Court, however, it is likely to be of assistance in some property and affairs cases.

The guidance includes identifying the Protected Party’s needs within the Court process, considering the Protected Party’s wishes and feelings during proceedings, the attendance of the Protected Party at hearings, meeting with the Judge, giving information or evidence to the Court and acting as a Witness.

The Protected Party’s best interests must be considered at each stage of proceedings and accommodating the Protected Party’s needs, whilst practically being realistic and proportionate, are key points to consider throughout.

The guidance may be of benefit to practicing Deputies and other professionals acting for vulnerable people in the Court of Protection.

More information and access to the guidance can be found at the link below:

http://www.familylaw.co.uk/system/froala_assets/documents/1245/Practice_Guidance_Vulnerable_Persons.pdf

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