An Introduction to the Court of Protection - With Mike O’Brien QC
Join Mike O'Brien QC from No5 Chambers as he presents this live broadcast session providing an introduction to the operation of the Mental Capacity Act 2005 and the work of the Court of Protection. It will consider what the court does, how to advise attorneys and deputies, the crucial concepts in the Act which need to be understood, how the law applies to welfare cases and property and affairs, how to make applications in the court and what issues the court can decide.
Since it was set up in 2007, the Court of Protection has made crucial decisions about the lives of vulnerable people who are unable to make decisions for themselves. It also supervises attorneys and deputies. Following the case of Cheshire West in 2014 on deprivation of liberty, there has been an expansion of work for lawyers in this area. With increasing numbers of elderly people and the need to manage their property and affairs, this area of law will inevitably have a growing market.
What You Will Learn
This live and interactive session will cover the following:
- An overview of the MCA and the Court of Protection
- The principles on which the Court acts
- Assessments of capacity and the key principles in sections 1 - 3 of the MCA
- What ‘best interests’ means and how to apply the concept in practice
- The tensions between best interests decisions and the statutory duties on local authorities and the NHS
- The role of attorneys and deputies
- The court procedure and the use of evidence
- What remedies can the court provide?
- How to manage a case after the introduction of the Court of Protection Rules 2017
- What the future may hold with the introduction of Liberty Protection Safeguards?
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.