Court of Protection - 2023 Virtual Conference

Introduction

Chaired by Caroline Bielanska, this virtual conference with a panel of leading experts offers a comprehensive update as to the current hot topics in this fast-moving area.

Each session will provide a full opportunity for questions and answers.

Conference Agenda

This 5- hour conference will cover the following:

10:00am-11:00am: Court of Protection Practice Update

Chair: Caroline Bielanska, Solicitor

This session will explore the latest COP practice update and will cover the following topics:

• New COP forms - the future
• Pre notification of P and others
• Obtaining an order for sale
• New OPG standards for deputies
• Costs for professional deputies
• National Mental Capacity Forum news

Morning Break

11:10am-12:10pm: Assessing Capacity - All You Need to Know

Sheree Green, Green Church Legal

This session will provide you with all you need to know and understand in relation to assessing capacity.

The following topics will be covered:

• When the solicitor must assess capacity
• Common psychiatric diagnoses
• Practicalities of undertaking an assessment
• Knowing the correct legal tests for common transactions
  • Capacity to make or revoke a power of attorney
  • Capacity to manage property and finances
  • Making a will
• When and how to instruct an expert to assess capacity

12:10pm-1:10pm: MCA Case Law Update

Tim Spencer-Lane

This session will provide an update on key case law and law reform developments relating to the Mental Capacity Act.

This will include key developments on:

• Mental capacity assessments
• Best interest decision making
• Deprivation of liberty (including the Liberty Protection Safeguards)
• The position of children and young people

Break for lunch

2:00pm-3:00pm: Best Interests or Procedural Fairness - Interlocutory Applications in the Court of Protection

Justin Holmes, Radcliffe Chambers

This session will cover the extent to which best interests are or should be a factor in procedural decisions in the Court and will include proceeding in the absence of a person who ought to be a party making interim statutory wills injunctions

Afternoon break

3:15pm-4:15pm: Applying to be a Personal Welfare Deputy

Caroline Bielanska, Solicitor

This session will cover:

• Why family members want to be a PW deputy
• Care and treatment decisions without a court order
• Overcoming the permission obstacle
• What a PW deputy has power to decide
• What a PW deputy cannot decide
• The approach of the court including review of case law
• Non contested applications
• Contested applications
• Evidence in support

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.