CPD Hours Level
Conference expert panelInformation 6 UpdateInformation
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SRA Competency B


From how to avoid technical problems with lasting powers of attorney, through to identifying the warning signs of financial abuse and funding care in residential homes this conference examines a selection of hot topics and difficult issues.

The speakers are all experts in their fields and regular presenters.

Conference Agenda

This conference will cover the following topics:

9.30am - 10.15am: Lasting Powers of Attorney: Good Drafting and Technical Pitfalls

Chair: Caroline Bielanska

There are now in excess of 2 million LPAs registered with the OPG, and yet many are rejected on technical grounds. As a result many professionals are cautious about drafting for use, leaving the donor exposed to the risk of abuse.

This session will cover:

  • Understanding why LPAs are misused
  • Clauses to include and why
  • Gifts v maintenance
  • Acting as a certificate provider
  • Avoiding technical problems at registration

10.15am - 11.00am: Financial Abuse of the Elderly

Andrew Bagchi QC, 1 GC

One unanticipated consequence of the changes in demographics in recent years is the growing population of financially secure elderly, some with borderline capacity, many without any mental capacity who look to family members and others to manage their financial affairs in an increasingly complex and digitalised financial world.

This session will consider growing incidence of financial abuse from simple misjudgement through to theft of property and the scope and nature of judicial and non-judicial remedies are available to victims.

This session will cover:

  • Is this a growing problem and if, so why?
  • Common features of such cases and profile of victims
  • Warning signs - preventative steps
  • Attorneyship and Deputyship - use and abuse
  • Gifts and conflicts
  • The role of the public guardian
  • The role of the police and banks
  • The role of the court - protective applications and remedies
  • Getting the money back - legal remedies and enforcement

11.15am -12.00pm: Update on Court of Protection Costs

Justin Holmes, Radcliffe Chambers

The Court of Protection has distinct litigation costs rules of its own and, unlike ordinary civil litigation, it is common for the parties either simply to bear their own costs or to have them paid out of the estate.

There are, however, some limitations to these general rules, and some recent cases have illustrated where these limits may currently lie.

This session will cover:

  • The general rules about costs
  • When conduct justifies a departure from the general rules
  • Costs of local authorities and other bodies
  • Costs of appeals
  • Possible reform of the Court of Protection costs rules

12.00pm - 12.45pm: Deathbed and Sickbed Estate Planning and the Aftermath

Stuart Adams, Mishcon de Reya LLP

This session will consider areas which, in appropriate circumstances, might be explored and action taken with a view to mitigating income tax, CGT and IHT.

The session will cover:

  • How to raise and discuss such an extremely sensitive subject
  • Recap of lifetime exemptions and how to maximise their benefit
  • Some worked examples of tax planning strategies which might be explored
  • Making gifts early v leaving such gifts until death and the relevant will
  • Anti-avoidance and what to watch out for

12.45pm - 1.00pm: Questions on Morning Session

2.00pm - 2.50pm: Assessment and Care Planning for Adult Social Care

Alan Robinson, Cross Keys Associates

The Care Act 2014 imposes duties on local authorities to assess someone who appears to be in need of care and support, and in appropriate cases to meet the need and to plan the person’s care. However, the realities of providing care from limited budgets may mean this is not always done well and efficiently.

This session will cover:

  • What is the extent of the local authority duty?
  • At what point will the court intervene in an assessment?
  • In what circumstances can the right to an assessment be postponed by the authority?
  • Who decides what constitutes meeting the need?
  • How far can a decision on meeting the need be changed?

2.50pm - 3.40pm: Funding Care at Home: Tips on Making Money Go Further

Caroline Bielanska

A growing number of retirees are worried about running out of money, particularly when funding long term care needs. Self-funders pay more for their care than state-funders and tend to 'over care', so money runs out sooner than it should.

This session will cover:

  • Proportionate care to meet needs
  • Being 'creative' about care
  • Tips to reduce outgoings
  • Maximising state support
  • What happens if client runs out of funds

3.55pm - 4.45pm: Workshop Session

Justin Holmes, Radcliffe Chambers

A practical workshop session focusing on the issues covered during the course of the day and allowing delegates to discuss and consider the practical implications arising from them.

4.45pm - Close Questions & Answers

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Conference | 27.11.2018

London | 9:30am - 5:15pm

Acting for Elderly Clients - 2018 Conference

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9:30am - 5:15pm
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