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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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I am completing an application form to be joined as a

Customer Question

I am completing an application form to be joined as a party to an appeal against a DOLS order in the Court of Protection. Form COP 5. I have no legal representation.
I support the appeal against the DOLS order so do I tick the box saying I oppose the application or support it.? I'm a bit confused about what is "the application"ie the original application for a DOLS order or the application to appeal it?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you give me a little of the background please
Customer: replied 2 years ago.

Hi Clare,

Not sure how much information I can give you as a direction order was made in the Court of Protection regarding confidentiality.

So I guess it will be generalities.

My aged parent is living in a care home whilst an application is made to the Court of Protection as to (essentially) residence.(My brother thinks she should live in a home but I have offered her a home outside the UK. A DOLS order has been put in place.

My mother's solicitors have challenged the DOLS order . (Section 21a Mental Capacity Act 2005.

I have been named as an interested party & asked to complete a COP form 5 indicating my wish to be joined & contest the proceedings. Surely it should be joined OR contest the proceedings.

Hence my original question. My Mother's solicitors have said they cannot advise as there might be a conflict of interest.Since I approached them in the first place I fail to see the problem.


Customer: replied 2 years ago.

Can I have a reply please?