Podcast Location:
Download it here [file size: 43.8 MB]
Categories:
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)

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

This podcast aims to examine the law relating to the assessment of legal capacity in the Court of Protection. It sets out the definitions of lack of capacity and the inability to make decisions contained in the Mental Capacity Act 2005 and considers the scope and purpose of the ‘golden rule’ in contentious probate disputes.

Outcomes:
After completing the course you will:
  • Understand the scope and purpose of a COP3 form;
  • Know the definitions of lack of capacity and the inability to make decisions as contained in the MCA 2005;
  • Be aware of the approach taken by the courts in disputed cases concerning the assessment of legal capacity;
  • Have considered the weight to be given to contemporaneous evidence of a professional whose been involved in supervising the drafting and execution of a will;
  • Be aware of the scope of the ‘golden rule’ in contentious probate disputes.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • A, B and C v X, Y and Z (2012) EWHC 2400 (COP);
  • Hawes v Burgess [2013] EWCA Civ 74;
  • Key v Key (2010) EWHC 408 (Ch);
  • Mental Capacity Act 2005;
  • Re B [2008] EWCA Civ 835;
  • R.P. and others v The United Kingdom [2012] ECHR 1796;
  • Sheffield City Council v E (2004) EWHC 2808 (Fam).

In this podcast Barbara Rich from 5 Stone buildings examines the law relating to the assessment of legal capacity in the Court of Protection.

Date Recorded: 12 April 2013

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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