The Court of Protection Rules 2001

PART XIV INQUIRIES

Inquiries as to desirability of appointment of receiver, etc

67.—(1) Where the court has reason to believe that a receiver should be appointed for a patient or that any other function of the court should be exercised with respect to the property and affairs of a patient, the court may direct—

(a) a Medical or Legal Visitor, or, if he consents, the Official Solicitor or any other appropriate person to visit the patient and report to the court whether it is desirable in the interests of the patient that an application should be made for that purpose, and, in the case of a report by a Medical or Legal Visitor, whether there is any other matter which the court should consider before exercising its functions in relation to a patient’s property and affairs; or

(b) a Medical Visitor to visit the patient and report to the court on the capacity of the patient to manage and administer his property and affairs.

(2) On receiving any report pursuant to paragraph (1), the court may—

(a) direct an application to be made pursuant to rule 11; or

(b) if the report is by a Medical Visitor and the court is satisfied that the patient is incapable, by reason of mental disorder, of managing and administering his property and affairs, make an order appointing a receiver or exercising any other function with respect to the patient’s property and affairs.

(3) The court may direct a General Visitor or any other appropriate person to visit the patient and report whether it is desirable for any functions in relation to the patient’s property and affairs to be exercised.

(4) On receiving any report pursuant to paragraph (3)—

(a) the court may direct that an application be made pursuant to rule 11; or

(b) the court may exercise any function conferred on it in relation to a patient’s property and affairs.

Inspection of a patient’s property

68.  For the purpose of any proceedings relating to the property of a patient—

(a) the court may inspect the property or direct an officer of the court, the Official Solicitor (if he consents) or any other appropriate person to inspect the property, make any necessary enquiries and report to the court; and

(b) the court may, if it thinks fit and of its own motion, make such an inspection and inquiries or direct some other appropriate person to do so and report to it.

Inquiries as to prior dealing with the patient’s property

69.  In any proceedings relating to a patient the court may make or cause to be made such inquiries as it thinks fit as to any dealing with the patient’s property before the commencement of the proceedings and as to the patient’s mental capacity at the time of such dealing.

Inquiries as to testamentary documents executed by patient

70.  The court may make or cause to be made inquiries whether any person has in his possession or under his control or has any knowledge of any testamentary document executed by a patient, and may direct that person to answer the inquiries on oath and to produce any such document which is in his possession or under his control and to deal with it in such manner as the court may direct.

Power to direct other inquiries

71.  The court may make or cause to be made any other inquiries which it or he may consider necessary or expedient for the proper discharge of its functions under the Act of these rules.