Appointing & Removing Deputies
- Podcast Location:
- Download it here [file size: 30.4 MB]
- Part of:
- Private Client Wills & Probate Bundle - Spring 2012 CPD Training Bundle
- 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:
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Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- a) £69+VAT for this CPDcast only
- b) £325+VAT for unlimited access to all of our podcasts. details »
- c) Discounts for multiple users - call +44 (0) 20 3377 3901 now to speak to our sales team
- 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 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.
- Outcomes:
- 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.
- Level:
- Intermediate
- Classification:
-
Introduction
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
