Additional guidance
Useful guidance and information such as practitioners guides and articles produced by professionals working within the framework of the act.
Lasting Power of Attorney frequently asked questions (PDF 0.14MB)
The duty to consult under the Mental Capacity Act - A decision of the Senior Judge on 21 July 2009 (PDF 0.01mb 2 pages)
The Senior Judge made the observations contained in this order on the duty to consult under the Mental Capacity Act, which will be of assistance in other cases.
A Practitioner's Guide to Court of Protection Property Procedures (PDF 0.15mb 20 pages)
A guide produced by Wrigleys Solicitors - Updated December 2009
Lasting Powers of Attorney: The first twelve months (PDF 0.13mb 18 pages)
An article produced by Denzil Lush, Senior Judge of the Court of Protection - October 2008
Health and personal welfare applications under the Mental Capacity Act 2005 (PDF 0.05mb 8 pages)
An article by District Judge Susan Jackson
Public Guardian Practice notes
This page contains the series of Public Guardian practice notes. Practice notes set out the practice and policies that the Office of the Public Guardian follow when making decisions within the legal framework of the Mental Capacity Act 2005 (MCA) and associated regulations. They are a reference tool on a range of topics for the OPG's customers, clients and staff. They:
- define how the office makes decisions; and
- set out any related process that the office follows when making decisions
Practice notes have a series number according to the year and month of issue. They are headed according to whether they apply to Deputies, Attorneys, or both. They are reviewed and updated regularly and in accordance with any changes in the legislative framework, evolving caselaw and practice.
Public Guardian Practice note 01/2010 - Release of visit reports (PDF 0.04mb)
Deputies and Attorneys
Public Guardian Practice note 02/2010 - The Independent Safeguarding Authority (PDF 0.03mb)
Deputies and Attorneys
Public Guardian Practice note 01/2011 - The Public Guardian and costs in Court of Protection Proceedings (PDF 0.04mb)
Deputies and Attorneys
Public Guardian Practice note 02/2011 - Notification of death (PDF 0.04mb)
Deputies and Attorneys

