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09 February 2018 / Alex Cisneros
Issue: 7780 / Categories: Features , Profession
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A court for the absent & missing

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Alex Cisneros asks whether extending jurisdiction to missing people will overstretch the Court of Protection

  • The jurisdiction of the Court of Protection is being extended to include ‘missing’ people.
  • The extension raises human rights and right to property questions.
  • Some 50 to 300 applications could be made, adding pressure on the court’s already stretched resources.
  • ‘Missing’ can include someone detained in prison.

If you have an elderly or disabled relative, there is a good chance that you will have at least heard of the Court of Protection. Created by the Mental Capacity Act 2005, the court makes decisions on behalf of people who do not have the capacity to make decisions for themselves. It makes finely balanced best interests assessments and oversees the appointment, functioning and discharge of deputies and attorneys.

Since its inception, its workload has skyrocketed. This influx of cases was accelerated by the Supreme Court case of P v Cheshire West and Chester Council; P and Q v Surrey County Council [2014] UKSC 19. This

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