Podcast Location:
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Capacity & Court of Protection
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast provides a helpful introduction to Court of Protection law, practice and procedure. It provides a step-by-step guide to making an application to the Court and considers how the Court will assess an individual’s capacity. It also provides an overview of the powers and duties of deputies and attorneys. This is essential listening for all junior private client practitioners interested in expanding their understanding of Court of Protection work.

After completing the course you will:
  • Understand the Court of Protection's general powers;
  • Have considered the steps the Court takes to try to give effect to the overriding objective when it exercises any power under the Court of Protection Rules 2007 or interprets any rule or practice direction;
  • Be aware of the requisite steps when making an application to the Court of Protection;
  • Know the definition of capacity as defined in the Mental Capacity Act 2005;
  • Have considered how capacity is assessed using COP3 (the assessment of capacity form);
  • Be aware of the steps the Court may take if capacity is disputed;
  • Have considered the powers conferred upon deputies and attorneys;
  • Have an understanding of the considerations deputies and attorneys should keep in mind in order to avoid conflicts of interest;
  • Be aware of the restrictions on deputies and attorneys on their powers to make gifts.
General Interest Difficulty: 2 of 5
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • The Court of Protection (Amendment) Rules 2011;
  • Court of Protection Rules 2007;
  • Hawes v Burgess [2013] EWCA Civ 94;
  • Mental Capacity Act 2005;
  • Re EA and MB (2012).

In this podcast Naomi O’Higgins and Elizabeth Barclay from Harcus Sinclair provide a practical guide to the Court of Protection. They outline the procedure when making an application to the Court and the key issues that often arise.

Date Recorded: 30th April 2013


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