Podcast Location:
Download it here [file size: 18.5 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 aims to deliver a thorough overview of the structure, procedure and application of the Mental Capacity Act. It surveys how the reforms introduced by the Act have impacted upon the Office of Public Guardian and the Court of Protection. The podcast aims to examine the costs consequences of the new Act, and, in particular, how the principles codified in the Act have been applied by the Court of Protection. The “best interest” principle in the Act, and the principle that a person should not be presumed to lack capacity merely because he makes an unwise decision, are given special attention, and particular problematic situations relating to to the operation of statutory wills are also considered.

Outcomes:
After completing the course you will:
  • Understand aspects of the structure of the Mental Capacity Act 2005;
  • Be familiar with the impact of the Act on upon the Office of Public Guardian and the Court of Protection;
  • Be aware of how the principles in the Act have been applied;
  • Be familiar with difficult practical issues which may arise under the Act.
Level:
Specialist Difficulty: 5 of 5
Sources and References:
  • Mental Capacity Act 2005;
  • Re P [2009] EWHC 163 (Ch);
  • Re S and S [2009] LS Law Medical 97;
  • Re D (J) [1982] Ch. 237.

This podcast discusses some of the changes brought about by the Mental Capacity Act 2005, looking at the new procedures, forms and structures which operate in the Office of Public Guardian and the Court of Protection. It discusses how the Court of Protection is dealing with the new united jurisdiction of property and estates, and personal welfare. The costs implication of the regime which operates under the Act is also examined. Particular attention is paid to the “best interest” principle in the Act, and the principle that a person should not be presumed to lack capacity merely because he makes an unwise decision. Particular problematic situations which relate to the operation of statutory wills are also considered.

Podcast last reviewed: 2011-07-25

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