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Chaired by Caroline Bielanska, this live broadcast conference returning for 2022, will provide you with the latest update on Court of Protection matters to include the new revisions to the MCA Code, a health and social care funding update and much more.

Each session will provide opportunity for questions and answers.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am-11am: Tips on Improving your Court of Protection Applications

Chair: Caroline Bielanska, Solicitor

It is increasingly common for applications to not go smoothly; in some cases the application is stayed because of a deficiency in the application or process, or the order obtained is not quite what the applicant wanted, leading to multiple orders in relation to the same matter. The more this happens, the greater the court workload, the longer it takes to get the final order.

This session will cover:

  • Deputyship
  • Trustee applications
  • Gift/statutory wills applications

AM break

11-12 noon: Attorneys & Deputies - Best Interest Decision-Making

Sheree Green, Greenchurch Legal Services Ltd

This session will look at how to approach best interest decision-making for clients in complex circumstances.

We will look at case studies, considering how to apply the principles of the Mental Capacity Act 2005 and to be confident that our actions are in the best interests of the client. Examples will include clients who live independently or semi independently but with impaired capacity, clients with addictive behaviour which drives their spending habits, etc. The session will also look at how best to support clients to share their wishes and feelings and how to weigh these factors with the wider factors in coming to a best interest decision. There will be consideration as to how these complex decisions are managed in the context of a practice, with appropriate consideration of risk and also recovery of fees.

12 - 1pm: Round-up of Recent Case Law

Justin Holmes, Radcliffe Chambers

Justin Holmes, a barrister at Radcliffe Chambers specialising in Court of Protection and contentious trust and probate matters, will present a summary of recent case law developments. There are likely to be additional cases of interest decided between now and the date of the conference.

This session will cover:

  • The nature of delusions, and how they can be evidenced - see Re Clitheroe [2021]
  • The appointment of family members as health and welfare deputies in the light of YH v Kent County Council [2021] ]
  • Whether P’s close relatives have a right to be added as parties to Court of Protection litigation - see Southwark LBC v P and AA [2021] ]
  • Decisions on Inheritance Act claims by adult children since Ilott v Mitson, including Miles v Shearer [2021]

Break for lunch

2-3pm: The Liberty Protection Safeguards

Tim Spencer-Lane, Solicitor

The Liberty Protection Safeguards (LPS) is the new scheme for authorising the deprivation of liberty of people who lack the relevant capacity. It will replace the current Deprivation of Liberty Safeguards, which has been widely criticised for being costly and bureaucratic. The Government has published a draft Code of Practice which will cover all of the Mental Capacity Act (including the LPS), as well as secondary legislation to support the implementation of the LPS.

This session will cover:

  • A brief overview of the LPS scheme
  • A summary of the main changes in the draft Mental Capacity Act Code of Practice
  • A summary of the chapters that cover the LPS - including the chapter on the definition of deprivation of liberty
  • An outline of the LPS regulations, including transitional arrangements
  • Discussion of the key issues for lawyers, including the role of the Court of Protection, deputies and Lasting Powers of Attorney

PM Break

3.15-4.15pm Update on Health and Social Care

Caroline Bielanska, Solicitor

The Health and Social Care Bill 2021 is moving through the parliamentary process and is anticipated to be passed by Spring 2022. It makes changes to the workings of health and local authorities, particularly around hospital discharge, deprivation of liberty and continuing health care. Boris Johnson announced in July 2021 reform of social care funding with the launch of 'Build Back Better; plan for health and social care', which will improve on the current situation of care funding, which is seen by many people as being unfair. The Ombudsman continues to investigate complaints against local authorities about charging concerns.

This session will cover:

  • The change brought about the Health and Social Care Bill
  • What is changing for social care funding?
  • How will the new means test work?
  • What about clients who have limited resources?
  • Recent Ombudsman charging for care fees cases

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.

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Discounts are available for multiple places. If you have 5 or more people interested in participating in this virtual learning session please email us at information@mblseminars.com for more information.

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