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Preserve it and save: how conditional exemption can protect your heritage... and your wallet
Charles Richardson
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CoP Talks: Empowering minds, protecting lives - Introduction to capacity and CoP (Part 1)
CoP Talks: Empowering minds, protecting lives - FAQ’s - What are LPAs? (Part 2)
CoP Talks: Empowering minds, protecting lives - Health and Welfare Deputyships (Part 3)
CoP Talks: Empowering minds, protecting lives - Can a person who lacks capacity get married? (Part 4)
CoP Talks: Empowering minds, protecting lives - When does a Deputy need CoP approval for legal work? (Part 5)
CoP Talks: Empowering minds, protecting lives - What is a Statutory Will? (Part 6)
CoP Talks: Empowering minds, protecting lives - Can an attorney/deputy make gifts? (Part 7)
CoP Talks: Empowering minds, protecting lives - How can a Professional Deputy assist after a Personal Injury? (Part 8)
CoP Talks: Empowering minds, protecting lives - How does a Professional Deputy manage a client’s affairs? (Part 9)
In this comprehensive podcast, we explore the authority requirements for Court-appointed Deputies to manage the property, affairs, and healthcare decisions of protected individuals under the Mental Capacity Act.
Key topics covered include:
- When Deputies need to obtain specific approval from the Court of Protection before taking legal action, such as litigation on behalf of the protected party.
- There are exceptions where Deputies can proceed with certain non-contentious legal tasks without seeking court approval, like drafting contracts or completing tax returns.
- The strict guidelines Deputies must follow include: obtaining multiple quotes and making a decision in their best interests before incurring legal fees.
- Special considerations for Deputies handling health and welfare decisions, including seeking court directions in cases of potential Deprivation of Liberty.
- Navigating urgent situations where retrospective court approval may be required.
- The latest guidance issued by the Office of the Public Guardian and industry groups to help Deputies comply with these evolving requirements.
Whether you're a professional Deputy, work in the health/social care sector, or have a personal interest in mental capacity law, this podcast offers valuable insights into the complex responsibilities and restrictions facing those charged with protecting the most vulnerable. Tune in to ensure you're up-to-date on the current regulations.
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