Court of Protection: new guidance on judicial visits to patients

Following the complex medical treatment case of AH where the Court of Appeal noted that there was an increase in Court of Protection judges visiting patients (Ps) in the context of ongoing proceedings and so urged for their to be a Practice Direction or Presidential Guidance on the issue, the Vice President of the Court of Protection has issued guidance on 10 February.

The guidance is short and practical, with suggestions as to how the court and practitioners might ensure meetings between the judges and Ps, during proceedings, are conducted “most effectively and enhance the participation of P”.

The guidance highlights the principles that will apply to judicial visits and some practical pointers for practitioners to provide the court with.

The Vice President of the Court has also taken the opportunity to re-issue and remind practitioners of the earlier 2014 guidance from the then Vice President, which while was primarily focused towards Health and Welfare cases does have relevance to serious medical treatment cases.

You can read the full guidance here.

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