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Capacity & Court of Protection
CPD Points:
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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:
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 podcast is aimed at practitioners as a quick refresher for practitioners that need one, of the regime governing powers of attorney. It will address the differences between the LPA and the old enduring power of attorney, the differences between the health and welfare jurisdiction and property and affairs and how the two types of LPAs differ. This podcast also aims to address the powers of an attorney and their duties, the consequences of breach and some of the powers of the Court of Protection in relation to the welfare of individuals.

After completing the course you will:
  • Know when an LPA might be useful;
  • Know when an LPA becomes active and the distinction between health and welfare and property and affairs LPAs;
  • Know the duties of an attorney and to whom said duties are owed;
  • What restrictions can be placed upon an attorney’s powers;
  • Know who can be an attorney;
  • The difference between the enduring power of attorney and a lasting power of attorney;
  • Understand the role of the certificate provider;
  • Know the safeguards built into the new system to guard against undue influence of fraud;
  • Know when a deputy will be appointed;
  • Know the process by which an LPA is executed;
  • Understand the position of third parties in relation to a badly executed LPA;
  • Understand the role of the attorney in relation to a donor’s will.
Beginner Difficulty: 1 of 5
Sources and References:
  • There are no relevant citations for this podcast.

This podcast is about the lasting power of attorney that was introduced following the enactment of the Mental Capacity Act 2006 and replaces the previous regime of enduring powers of attorney. It will discuss how the LPA works, how one is executed and some of the consequences that flow from execution.

Podcast added: 20/12/10

Podcast last reviewed: 2011-04-26

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