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					Chapter 8 The Mental Capacity Act, JCS 2009

    Table number      Table heading
         8.1          Court of Protection
                      Summary casework statistics: Applications by quarter, Q1 2009-Q1 2010
         8.2          Court of Protection
                      Summary casework statistics: Orders made by quarter, Q1 2009-Q1 2010
         8.3          Office of the Public Guardian
                      Summary casework statistics: Powers of Attorney received and deputyships appointed, Q4 2008-Q4 2009
d deputyships appointed, Q4 2008-Q4 2009
Table 8.1
Court of Protection
Summary casework statistics: Applications by quarter, Q1 2009-Q4 2009

                                                                                                                                2009
Type of proceedings                                                                                        Jan-Mar        Apr-Jun

Applications made under the Mental Capacity Act 2005                                                           4,609          4,788
of which
Applications for appointment of a property and affairs deputy                                                  2,511          2,973
plus applications for a 'one-off' property and affairs order 1                                                   213             16

Applications for appointment of a health and welfare deputy                                                        71             70
plus applications for a 'one-off' health and welfare order                                                         30             39

Applications for appointment of a hybrid deputy2                                                                  120           161
plus applications for a 'one-off' property & affairs and health & welfare order                                    30            13

Applications for orders appointing new trustees3                                                                  118           144

Applications to execute wills, apply for gifts and orders for settlement, including
those where there is an Enduring Power of Attorney or Lasting Power of Attorney                                   158           136


Applications relating to Enduring Powers of Attorney4                                                             233           244

Applications relating to Lasting Powers of Attorney4                                                               86             96

Applications by an existing deputy or registered attorney5                                                        535           400

Applications for discharge of the deputy (where P ceases to lack capacity/the
deputy wishes to retire/the deputy is no longer suitable to act)                                                  118             55

Other                                                                                                             386           441

Source:
Court of Protection
Notes:

1 The value of 213 in Q1 2009 included some applications by existing deputies. This does show
there was a spike in applications by existing deputies, but this was due to the reduction in the rate of
interest paid by the Court Funds Office. From Q2 2009 the way applications were recorded changed
so it only included applications where there was no existing deputy acting for P
2 Hybrid is where the applicant is applying for both a property and affairs deputy and a health and welfare deputy
3 Applications made under sections 36(9), 54 and 96(1)(k) of the Trustee Act 1925, and section 20(2)(c) of the Trusts of Land and Appointment of Trustees

4 Includes objections to registration and applications to determine of the validity of the document
5 Transition type applications, as recorded in Judicial Court Statistics 2008, ended in 2008. They only existed for a short time under a specific transitory prov
                      Number of cases
            2009
                   Jul-Sep       Oct-Dec

                      5,137          4,559

                      3,118          2,734
                         18              7

                         107             88
                          28             15

                         205            206
                           3              6

                         139            122


                         171            128


                         217            217

                          63             60

                         487            430


                          56             69

                         525            477




sts of Land and Appointment of Trustees Act 1996



short time under a specific transitory provision in the court rules
Table 8.2
Court of Protection
Summary casework statistics: Orders made by quarter, Q1 2009-Q4 2009
                                                                                                                         Number of cases
                                                                                                                    2009
Type of proceedings                                                                            Jan-Mar        Apr-Jun Jul-Sep

Orders made under the Mental Capacity Act 20051                                                    2,908          3,672         4,347
of which
Orders appointing deputy for property and affairs                                                  2,051          2,811         3,334
plus 'one-off' orders relating to property and affairs                                                 2              4            22

Orders appointing deputy for health and welfare                                                        24             39            36
plus 'one-off' orders relating to health and welfare                                                    3             12            18

Orders appointing a hybrid deputy2                                                                       0             2              1
plus 'one-off' orders relating to both property & affairs and health &
welfare                                                                                                  2             1              1

Orders made appointing new trustees3                                                                   85             84           144

Orders authorising the execution of wills, the making of gifts and the
granting of settlements, including those relating to Enduring Powers of                               114             93           109
Attorney and Lasting Powers of Attorney

Orders relating to Enduring Powers of Attorney4                                                        53             72            73

Orders relating to Lasting Powers of Attorney4                                                         54             71            63

Orders relating to an existing deputyship or attorneyship5                                            157           199            270

Orders discharging the deputy (where P ceases to lack capacity/the
deputy wishes to retire/the deputy is no longer suitable to act)                                       61             40            43

Other                                                                                                 302           244            233

Source:
Court of Protection
Notes:
1 The Court's charter standard is for an order to be made within 21 weeks of the
application being issued, although the average time is 14 weeks
2 Hybrid is where the Court has appointed deputy for both a property and affairs deputy and health and welfare
3 Orders as a result of applications made under sections 36(9), 54 and 96(1)(k) of the Trustee Act 1925, and section 20(2)(c) of the Trusts of Land and App
4 Includes upholding or dismissing objections to registration, determining the validity of the document and directing the Public Guardian to register the instru
5 Transition type applications, as recorded in Judicial Court Statistics 2008, ended in 2008. They only existed for a short time under a specific transitory prov
         Number of cases
009
                    Oct-Dec

                        4,116

                        3,252
                            2

                            37
                             5

                              3

                              0

                          113


                            35


                          114

                            54

                          253


                            50

                          198




20(2)(c) of the Trusts of Land and Appointment of Trustees Act 1996
he Public Guardian to register the instrument
hort time under a specific transitory provision in the court rules
Table 8.3
Office of the Public Guardian
Summary casework statistics: Powers of Attorney received and deputyships appointed, Q4 2008-Q4 2009
                                                                                             Number of cases
                                                           2008                       2009
                                                          Oct-Dec Jan-Mar Apr-Jun Jul-Sep

Powers of Attorney

   EPAs1 Received                                                           4,645    5,863    5,287    4,737
   LPAs2 Received                                                          16,169   19,484   20,316   22,337

Total POAs Received                                                        20,814   25,347   25,603   27,074

                                3
Number of Deputyships appointed                                             2,812    2,255    3,120    3,685

Source:
Office of the Public Guardian
Notes:
1 An Enduring Power of Attorney allows the person creating it to
nominate someone they trust (often a spouse or close family member)
to manage their finances, should they themselves lose the mental
capacity to do so in the future
2 A Lasting Powers of Attorney allows the person creating it (the
Donor) to nominate someone now (the Attorney) that they trust to make
decisions on their behalf about things such as property and affairs or
personal welfare at a time in the future when they no longer wish to
make those decisions or they may lack the mental capacity to make
those decisions themselves

3 Deputyships - A Deputy is legally responsible for acting and making
decisions on behalf of a person who lacks capacity to make decisions
for themselves. The Deputy order sets out specific powers in relation to
the person who lacks capacity. They will depend on the needs of the
person and is ultimately the Court’s decision
ted, Q4 2008-Q4 2009
              Number of cases
       2009
                     Oct-Dec




                       4,698
                      25,431

                      30,129

                       3,596

				
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