Podcast Location:
Download it here [file size: 21.9 MB]
Categories:
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)

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 practitioners who work in private client or who have an element of capacity work as part of their practice. The podcast aims to bring the listener up to date with some of the current case law on capacity and the ‘join’ between testamentary capacity, knowledge and approval and the new statutory test set out in section 3 Mental Capacity Act 2005. This podcast will also review the usefulness of the ‘Golden Rule’ as a tool for assessing capacity.

Outcomes:
After completing the course you will:
  • Understand the relationship between the test for testamentary capacity and the general test for capacity set out in section 3 Mental Capacity Act 2005;
  • Know what the ‘Golden Rule’ is for and whether it is an adequate procedure to assess capacity;
  • Understand the potential tension between the time specific analysis required by the Act and the staged process allowed by the common law in respect of knowledge and approval;
  • Understand the potential tension between the time specific analysis required by the Act and the staged process allowed by the common law in respect of the rule in Parker v Felgate.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Sources and References:
  • Mental Capacity Act 2005 s3;
  • Banks v Goodfellow (1870) LR 5 QB 549;
  • Sharp v Adam [2006] EWCA Civ 449;
  • Scammell v Farmer [2008] EWHC 1100 (Ch);
  • Perrins v Holland [2010] EWCA Civ 840;
  • A Local Authority v Mrs A [2010] EWHC 1549 (Fam);
  • Parker v Felgate (1883) LR 8 PD 171;
  • Re P [2009] EWHC 163 (Ch);
  • Re S [2010] EWHC 2405 (COP);
  • ITW v Z [2009] EWHC 2525 (Fam);
  • Re S: D v R (Deputy of S) and S [2010] EWHC 2405 (COP);
  • Re RC (unreported) 05 /08/2010 (CoP No. 11639140);
  • Key v Key [2010] EWHC 408;
  • ‘The Golden Rule – time to move on’Stephen Lawson, Trust Quarterly Review, Vol. 8 Issue 3.
Tags:

This podcast with private client and capacity specialist Barbara Rich of 5 Stone Buildings is about the current state of the law regarding mental and testamentary capacity. Since the enactment of the Mental Capacity Act 2005, capacity has been a central issue in a number of recent cases reaching the higher courts. This podcast is a review of where the law is with regard to how Banks v Goodfellow, the ‘Golden Rule’ and knowledge and approval fit within the 2005 Act.

Podcast added: 16/03/2011

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