Podcast Location:
Download it here [file size: 26.2 MB]
Part of:
Private Client Wills & Probate Bundle - Spring 2012 CPD Training Bundle
Categories:
Capacity & Court of Protection
CPD Points:
Up to 1 point. details »

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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at practitioners interested in private client issues, specifically the property and welfare jurisdiction of the Court of Protection. It aims to review 3 cases, the first on the approach taken by the court to a statutory will application. The second reviews the issues involved in ordering life sustaining treatment for a patient against their wishes. The final case explores the ademption of a gift made by an incapacitated person in their will if the asset is subsequently sold by their attorney appointed under an LPA.

Outcomes:
After completing the course you will:
  • Understand the approach to be taken in statutory wills cases;
  • Understand the extent to which the court will use its powers to ensure P is remembered with affection for having done the right thing by his will;
  • Understand the extent to which a substituted judgment is still permitted in statutory will cases;
  • Understand the facts and approach taken by the Court of Protection to personal welfare decisions where P’s life is at risk;
  • Be aware of the capacity issues surrounding treatment decisions for conditions such as anorexia;
  • Understand the approach taken to the best interest decision where P has expressed a contrary view about their condition;
  • Understand when a gift in a will adeems following a sale by an attorney.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Sources and References:
  • Re JC (2012) MHLO 35 (COP);
  • Re P [2009] EWHC 163 (COP);
  • Re M, ITW v Z and Ors [2009] WTLR 1791;
  • Re E (Medical Treatment: Anorexia) [2012] EWHC 1639 (COP);
  • Banks v National Westminster Bank plc [2005] WTLR 1693;
  • Re Viertel [2003] WTLR 1075;
  • Turner v Turner [2012] CSOH 41;
  • Mental Capacity Act 2005s 18, Sch 2 para 8.
Tags:

This podcast with Court of Protection specialist Barbara Rich discusses three recent cases of interest to those dealing with capacity issues, firstly RE JC on statutory wills, Re E on the court’s approach to ordering life sustaining forced feeding to a patient with a sever eating disorder and reviewing whether selling a gift made in an incapacitated person’s will will cause it to adeem.

Podcast added: 05/07/12

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