Podcast Location:
Download it here [file size: 21.6 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 provide a detailed introduction to the changes to lasting and enduring powers of attorney effected by the Mental Capacity Act 2005. It examines the new deputyship system, which replaces the system of receivership, and looks at how deputies are supervised. It also looks at new powers vested in the Court of Protection in relation to powers of attorney, such as the power to validate and sever. The effect of new provisions which aim to maximise patients’ involvement in the decision-making process is also discussed. Finally, an evaluation is made of discusses the advantages and disadvantages in the new procedures and how the Mental Capacity Act is being implemented.

Outcomes:
After completing the course you will:
  • Understand to the changes to lasting and enduring powers of attorney brought about by the Mental Capacity Act 2005;
  • Be familiar with the new deputyship system;
  • Know about new powers vested in the Court of Protection in relation to powers of attorney, such as the power to validate and sever;
  • Be familiar with provisions aimed at maximising patients' involvement in the decision-making process.
Level:
Specialist Difficulty: 5 of 5
Sources and References:
  • Re J [2009] EWHC 436 (Ch);
  • Re S and S [2009] LS Law Medical 97.

This podcast examines how the Mental Capacity Act 2005 has changed procedure and practice in relation to enduring and lasting powers of attorney. It looks at the operation of new system of deputyship, as well as supervision of deputies. It also considers new powers of the Court of Protection in relation to powers of attorney such as the power to validate, and the power to sever (in particular in relation to conditions and restrictions to the attorney’s powers). The podcast discusses the advantages and disadvantages in the new procedures, the effects of provisions under the Act which seek to maximise patients’ involvement in the decision-making process and finally makes an assessment of how the Mental Capacity Act is being implemented.

Podcast last reviewed: 2011-07-25

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