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BOOK REVIEW URGENT APPLICATIONS IN THE COURT OF PROTECTION Second Edition By Her Honour Nazreen Pearce and District Judge Sue Jackson Jordans ISBN: 978 1 84661 809 3 www.jordanpublising.co.uk THE DEFINITIVE PRACTICE HANDBOOK FOR THE COURT OF PROTECTION: FULLY UPDATED FOR 2014 An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers For barristers, solicitors, all those on local authorities or NHS trusts, or indeed anyone working with incapacitated adults will value the second edition of this well established practitioners’ guide to this sensitive and complex area of law. What gives this book special authority is that the authors are experts in this field. Her Honour Nazreen Pearce and Sue Jackson are or have been judges. Recently published by Jordans, this comprehensive yet concise volume of over 600 pages contains much new material, so you really need this latest edition to remain up to date. For example, for the new jurisdiction, the Mental Capacity Act 2005 is tracked, together with analysis of case law on which its interpretation is largely based. As the authors remind us, the Court of Protection Rules 2007 offer simple, clearly defined procedures in respect of the various applications which come before the court, each supplemented by a practice direction. ‘Although the rules are simple to follow,’ explain the authors ‘and the forms are prescribed for applications made in the Court of Protection’, practitioners who are relatively inexperienced or not too familiar with the applicable law, can find it a bit of a maze. The authors have therefore offered this book as a step-by-step guide which will help practitioners provide clients with the necessary advice, assistance and support. It will also assist with procedure and drafting, with the emphasis throughout on urgency, which makes it particularly practical. To add interest and enhance clarity, the applications and orders are illustrated with reference to stories – fictional, but illustrative. The book is divided into six sections covering all matters pertaining to the Court of Protection, including new material which ranges from property and affairs, to enduing and lasting powers of attorney, to personal welfare, enforcement and appeals. The new Section IV on deprivation of liberty deals very helpfully with an issue that is now assuming increasing importance, as do all the other matters examined in this book, all of which, to greater or lesser degrees, impact on an aging population. So, for those advisers researching further, please note the numerous footnote references and the extensive tables of cases, statutes and statutory instruments, as well as the table of practice directions and codes of practice. The two appendices include the Mental Capacity Act 2005 itself. As the population continues to age in the wake of continuing advances in medical science and preventive medicine, the legal consequences and implications of the aging process will assume increasing importance to practitioners – hence the usefulness and value of this book, which should be in every practitioner’s library. The law is stated as at 1 February 2014.Read full review