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Mental health – Court of Protection. The Court of Protection considered four test cases in which it was thought that there was no family member or friend who could be appointed as a representative under r 3A of the Court of Protection Rules 2007, SI 2007/1744. The court held that, among other things, the primary responsibility to provide a resource that enabled it either to make such appointments or to otherwise meet the minimum procedural requirements in cases in the classes represented by the test cases fell on the Secretary of State, or on the Secretary of State together with the applicant authorities.
Mental health – Court of Protection. The Court of Protection considered four test cases in which it was thought that there was no family member or friend who could be appointed as a representative under r 3A of the Court of Protection Rules 2007, SI 2007/1744. The court held that, among other things, the primary responsibility to provide a resource that enabled it either to make such appointments or to otherwise meet the minimum procedural requirements in cases in the classes represented by the test cases fell on the Secretary of State, or on the Secretary of State together with the applicant authorities.
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