s 38 Applications to court
38.—(1) No permission is required for an application to the court for the exercise of any of its powers under this Act —(a) by a person who lacks, or is alleged to lack, capacity and, if such a person has not attained the age of 21 years, by anyone with parental rights with respect to the person; (b) by the donor or a donee of a lasting power of attorney to which the application relates; (c) by a deputy appointed by the court for a person to whom the application relates; (d) by a person named in an existing order of the court, if the application relates to the order; or (e) by the Public Guardian where it appears to him or her that —(i) a person lacks capacity; (ii) no application has been made or is likely to be made for an order under this Act; and (iii) an order under this Act is necessary for the protection of the personal welfare, property or affairs of the person. (2) Subject to the Family Justice Rules, permission is required for any other application to the court.[27/2014] (3) In deciding whether to grant permission the court is to, in particular, have regard to —(a) the applicant’s connection with the person to whom the application relates; (b) the reasons for the application; (c) the benefit to the person to whom the application relates of the proposed order or directions; and (d) whether the benefit can be achieved in any other way.