UK:
Pilot About To Take Off In The Court Of Protection
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It is anticipated that the draft Court of Protection Case
Management Pilot will be live from the start of June.
The Pilot sets out three
'pathways' for the case management of Court of Protection
matters:
Pathway 1 - Property and Affairs
Pathway 2 - Health and Welfare
Pathway 3 - a hybrid pathway for cases that have elements of both
Property and Health and Welfare
Pathway 1 includes provision for an early Dispute Resolution
Hearing. The need for an early hearing is is indicative of the
increasing case load being handled by the Court of Protection and
more contested applications.
Applications for authority to execute a statutory will or make
lifetime gifts are currently excluded from the pilot but, if
successful, we anticipate that the Case Management provisions will
also extend to these applications. We will report back on what we
learn from cases using these Pathways to ensure that the charity
legacy sector is well prepared for future changes.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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