This work involves advising on, and where necessary making or responding to applications to the Court of Protection, either original applications for the appointment of a receiver, or ancillary applications for specific issues.

It falls into the category of “benign litigation”, as it follows the format for litigation in terms of applications, responses, directions and final hearings, with rules as to the provision of evidence, instruction of experts, affidavits /statements etc. It is benign in the sense that the regime is designed to help a third party namely the incapacitated person, not to benefit any party to the case themselves. It is analogous to children proceedings in the Family Courts.