Podcast Location:
Download it here [file size: 30.6 MB]
Categories:
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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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 is aimed at those practitioners that have a capacity element to their practice, either in the property and affairs or the welfare jurisdiction of the Court of Protection. The podcast examines the impact of Schedule 3 to the Mental Capacity Act 2005 which incorporates the Hague Convention directly into English law. This legislative provision has the potential to cause significant disruption to the way the Court of Protection deals with incapacitated persons and their property where there is a cross border element to the case.

Outcomes:
After completing the course you will:
  • Understand what the Convention on the International Protection of Adults is, how it works and its status in the UK;
  • Understand what impact the Convention has on English law;
  • Understand whether it matters if the other country is a ‘Convention country’;
  • Understand what a protective measure is and whether such measure emanating from a foreign jurisdiction should be recognised and given effect to under English law;
  • Understand what an ‘adult’ is for the purposes of the application of the Convention and how that definition squares with English law;
  • Understand the scope of the exemptions the court can use to avoid having to give effect to and recognise foreign protective measures;
  • Understand whether the ‘best interests test’ applies as a mandatory provision of English law;
  • Know whether Schedule 3 applies to the recognition and enforcement of foreign Powers of Attorney;
  • Be aware of the applicable law rules in Schedule 3 and what factors influence which regime is to be applied.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Hague Convention on the International Protection of Adults;
  • Mental Capacity Act 2005 s63, Sch. 3;
  • Re MN [2010] EWHC 1926 (Fam).
Tags:

This podcast is about the Hague Convention on the International Protection of Adults that has been imported into the substantive law of England and Wales by the Mental Capacity Act 2005. This podcast examines how this international treaty has a bearing on the way in which English courts deal with capacity issues where there is a cross border element.

Podcast added:

Podcast last reviewed: 2011-08-30

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