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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 CPDcast provides a practical discussion of the law which governs attorneys and deputies who give away assets without adequate authority. It outlines the background of case law in this area from the court of protection, the most recent cases in which this situation has arisen and provides an analysis of the court’s likely approach to similar cases in the future.

After completing the course you will:
  • Understand the court of protection case law which governs the gift of assets by attorneys;
  • Be aware of the circumstances in which this type of dispute is likely to occur ;
  • Have considered the court’s approach to the subsequent ratification of unauthorised gifts;
  • Know the practical factors which a legal adviser will have to take into account when advising an attorney on the gift of assets.
Intermediate Difficulty: 3 of 5
Market Update / Hot Topic
Sources and References:
  • ARe Buckley: The Public Guardian v C (2013) EWHC 2965 (COP), (2013) MHLO 13;
  • Re GM (unreported, case no.11843118);
  • Re Joan Treadwell [2013] EWHC 2409 (COP).

In this CPDcast, William East from 5 Stone Buildings discusses a recent feature of the Court of Protection case law: what happens when attorneys and deputies give away assets without proper authority.

Date Recorded: 18th June 2014

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