Podcast Location:
Download it here [file size: 30.4 MB]
Part of:
Private Client Wills & Probate Bundle - Spring 2012 CPD Training Bundle
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)

  • 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 interested in the work of the Court of Protection or the affairs of incapacitated persons. It addresses the role and duties of a court appointed deputy, how they are selected, their appropriateness and the circumstances by which a deputy might be removed. Finally the podcast compares the basis and procedure for removal of a deputy as compared with an attorney appointed under an LPA.

After completing the course you will:
  • Understand the role of a deputy and the appropriate thing to do where a person looses capacity and there is no LPA appointing an attorney;
  • Have an idea the as to who should be appointed as deputy;
  • Understand when a family member might not be an appropriate person to appoint as a deputy;
  • Be aware of the different approach to the appointment of deputies when looking after P’s property and affairs and in welfare decisions;
  • Understand the order of preference when it comes to the person to be appointed deputy?;
  • Know the relevant considerations that practitioners should turn their minds to when considering the suitability of a prospective deputy;
  • Be aware of some recent decisions on the appointment and removal of deputies;
  • Know the test that needs to be satisfied in order to remove a deputy from office and what (if any) case law exists as to how that test is to be applied;
  • In contrast to the position of a deputy, know the relevant framework for the removal of an attorney.
Intermediate Difficulty: 3 of 5
Legal Principles
Sources and References:
  • Holt v Protective Commissioner (1993) 31 NSWLR 227;
  • Re P [2010] EWHC 1592;
  • G v E [2010] EWHC 2512;
  • Re B [2011];
  • RE J 6th December 2010 (unreported);
  • Mental Capacity Act 2005 ss 1(6), 2(4), 16(8) 22(3) and (4).

This podcast with specialist Chancery barrister Michael O'Sullivan looks at the appointment and removal of deputies - the office holder appointed by the Court of Protection to administer the affairs of incapacitated people in the absence of a Lasting Power of Attorney

Podcast added: 04/05/12

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