Medical Evidence in the Court of Protection

Extract

The Court of Protection, in carrying out its task of managing and administering the property and affairs of those who are incapable of managing for themselves, normally works by appointing a receiver to stand in the patient's shoes. The application for appointment of a receiver may be made through a firm of solicitors or by personal application to the Court. In either case, it needs to be supported by medical evidence, which is usually given on Form CP3. The Court is always conscious that its jurisdiction only extends to people who are incapable of managing their affairs by reason of mental disorder, so medical evidence there must be. (In rare cases, in an emergency, the Court is empowered to act even before receiving formal medical evidence, provided it has reason to believe that the person in question is suffering from mental disorder, but this power is exercised sparingly and only when its use is essential for the patient's protection.) It is an extreme step to deprive a person of his financial liberty and it must be reserved for cases where it is really necessary.