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Eddie Fardell and Brian Bacon reminisce about the good old days of the Court of Protection

I love music. As I start thinking about writing this, the first of our Court of Protection blogs, I’m flicking through my iTunes playlist, as I must have some music on in the background to listen to as I do so. An album by Jamie Cullum called Pointless Nostalgic catches my eye. Quite apt, really.

19 December 2011

Such a description may resonate with those practitioners who have been dealing with the Court of Protection for a number of years. The Mental Capacity Act 2005 has been with us for just over four years, and it has certainly been a learning curve.

So much has changed. We have had to learn a whole new piece of legislation, a new set of procedural rules, and understand the Code of Practice. Some of us have even had to learn how to litigate. The terms ‘advocate’, ‘respondent’ and ‘bundles’ were certainly not in my professional vocabulary before 1 October 2007. Although they weren’t really in my non-professional vocabulary either.

Most will agree that the Act has been a very significant piece of legislation in the development of how the law treats those who lack capacity. We have come a long way from using definitions such as ‘lunatics&r...

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