Podcast Location:
Download it here [file size: 31.1 MB]
Categories:
Wills, Inheritance & Succession
Capacity & Court of Protection
CPD Points:
Up to 1 point. details »

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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:
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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 is aimed at private client practitioners interested in the powers and obligations of donees of Enduring and Lasting Powers of Attorney and Property & Affairs Deputies appointed by the Court of Protection.

Outcomes:
After completing the course you will:
  • Be able to identify the duties that parties to an Enduring Power of Attorney (EPA) will need to be aware of, including knowing when to make an application to the Public Guardian for registration of the EPA;
  • Know who is able to object to registration of an EPA;
  • Appreciate whether an Attorney should concede or defend any objections to registration;
  • Have considered the extent of Property & Affairs Deputies powers over P’s estate;
  • Recognise the difference in authority of an Attorney under an EPA or LPA and a Deputy;
  • Know what happens when a Deputy or Attorney lacks authority to make a decision;
  • Understand the circumstances in which an Attorney or Deputy might wish to make an application to the Court despite having the requisite authority to act or make a decision;
  • Know how a Deputy or Attorney should approach a Statutory Will application.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Sources and References:
  • Court of Protection Rules 2007;
  • Inheritance (Provision for Family and Dependants) Act 1975;
  • Mental Capacity Act 2005;
  • Public Trustee v Cooper [2001] WTLR 901;
  • Re F [2004] 3 All ER 277;
  • Re P [2009] EWHC 163 (Ch);
  • Re W [2000] Ch 343;
  • The Incapacitated Principle, 1976 Law Commission Consultation Paper, cited at Heywood & Massey, at 11-053.
Tags:

In this podcast chancery specialist Mark Baxter from 5 Stone Buildings discusses the powers, duties and responsibilities of donees of Enduring and Lasting Power of Attorney, and of Property & Affairs Deputies appointed by the Court of Protection.

Date Recorded: 15th October 2012

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