Podcast Location:
Download it here [file size: 24.7 MB]
Categories:
Private Client: Wills, Trusts & Lifetime Planning
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 will provide a general overview of Lasting Powers of Attorneys and how they are utilised, looking in detail at their drafting and the different roles of the Attorneys, the Certficate Provider and the named person to be notified on registration. There is also comment on Enduring Powers of Attorneys and how these are still in force.

Outcomes:
After completing the course you will:
  • -understand the principles embodied in the Mental Capacity Act 2005;
  • -know the differences between Enduring and Lasting Powers of Attorneys;
  • -have an understanding of how Enduring Powers of Attorneys are still effective;
  • -have an understanding of the key considerations when drafting Lasting Powers of Attorneys and on particular key matters clients should be advised;
  • -know who can act as an Attorney and their role in this regard;
  • -understand the role of the Certificate Provider and who can act in this regard.
Level:
Intermediate Difficulty: 3 of 5
Sources and References:
  • Mental Capacity Act 2005;
  • Solictors Code of Conduct;
  • Law Society website;
  • Office of Public Guardian website.

The Mental Capacity Act 2005 brought in Lasting Powers of Attorneys, a totally different regime to the previous Enduring Powers of Attorneys. Providing many safeguards to protect Donor's positions, these are much more thorough and need to include such things as a Certificate in relation to the Donor's capacity and have to be registered with the Office of the Public Guardian and will appear on a central register, open to public view.

Podcast Added: 22/12/2008

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