Part 2The Court of Protection and the Public Guardian

Court of Protection Visitors

61Court of Protection Visitors

1

A Court of Protection Visitor is a person who is appointed by the Lord Chancellor to—

a

a panel of Special Visitors, or

b

a panel of General Visitors.

2

A person is not qualified to be a Special Visitor unless he—

a

is a registered medical practitioner or appears to the Lord Chancellor to have other suitable qualifications or training, and

b

appears to the Lord Chancellor to have special knowledge of and experience in cases of impairment of or disturbance in the functioning of the mind or brain.

3

A General Visitor need not have a medical qualification.

4

A Court of Protection Visitor—

a

may be appointed for such term and subject to such conditions, and

b

may be paid such remuneration and allowances,

as the Lord Chancellor may determine.

5

For the purpose of carrying out his functions under this Act in relation to a person who lacks capacity (“P”), a Court of Protection Visitor may, at all reasonable times, examine and take copies of—

a

any health record,

b

any record of, or held by, a local authority and compiled in connection with a social services function, and

c

any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14),

so far as the record relates to P.

6

A Court of Protection Visitor may also for that purpose interview P in private.