1
Type Speaker CPD Hours Level
5 UpdateInformation
Accreditation Information
SRA Competency B C

Introduction

Chaired by Caroline Bielanska this live broadcast conference will examine the key issues surrounding vulnerable clients and the Court of Protection.

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

Conference Agenda

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

10.00am-11.00am: Appointment & Retirement of a Property & Financial Affairs (PFA) Deputy

Caroline Bielanska, Solicitor

Local authorities represent 39% of all deputyships and are increasingly wanting to reduce their workload and pass cases to other professionals. The Court does not simply assume when you want to stop, you should be allowed to do so.

Recent cases have highlighted difficulties which can occur both on the appointment and retirement, and there are many lessons to be learnt from KKL Executors & Trustees v Harrison [2020] EWCOP 25 and Cumbria County Council v A [2020] EWCOP 38.

This session will cover:

  • Must you be a PFA deputy for life? When is it in P’s best interests for the deputy to retire?
  • Should there be a 'kite mark' for non-lay deputies?
  • Risks of costs
  • The role of dispute resolution hearings - why they fail and why they succeed?
  • Importance of professionals evaluating their own evidence in witness statements
  • Why do applicants fail to notify the right people - and the purpose of notification
  • Giving undertakings to the court that do not deal with the issue in dispute
  • Is it good practice to try and get someone to make an LPA when they already lack mental capacity to manage their money?

11.00am-12.00pm: Re ACC [2020] EWCOP 9: The Implications

Justin Holmes, Radcliffe Chambers

In the case of Re ACC, the Senior Judge set out what she believed would fall within the remit of the financial deputyship order and when the deputy should seek a further order.

This has wide ramifications for all firms who act as or advise a financial deputy. It is expected that more applications will need to be made due to limitations on the general authority.

This session will cover:

  • What is covered by a general PFA deputyship order?
  • When a deputy can seek legal advice on behalf of P; when they can pursue litigation on behalf of P; and whether they can charge to act as litigation friends
  • Whether the deputy can seek a court order when capacity is in doubt for a welfare decision
  • Using in house IFAs and other inhouse services
  • Is there a need for retrospective costs authority for cases pre Re ACC?
  • Is the deputy conflicted if they instruct their conveyancers in a sale?

Break for lunch

1.00pm-2.00pm: Section 117 Mental Health Act Aftercare Services

Sheree Green, Greenchurch Legal Services Ltd

There is anecdotal evidence of increasing numbers of clients who have a mental disorder and who should qualify for aftercare services funding by the State, being caught up in funding problems, ranging from which State body is responsible, to what should amount to aftercare services.

This session will cover:

  • What are 'aftercare services'?
  • Why are some services charged for and some not?
  • Topping up aftercare services
  • When can aftercare services be removed?
  • Is a PFA deputy or attorney entitled to information about the care plan?
  • Changes of placement of care and 'boundary disputes' between local authorities

2.00pm-3.00pm: Mental Capacity Act & Deprivation of Liberty - The Latest Update

Tim Spencer-Lane, Solicitor

The last 12 months has seen many significant developments in mental capacity law, including important case law, an announcement of a delay to the Liberty Protection Safeguards and the Government’s response to the COVID-19 emergency. Case law in particular has examined issues such as how to assess capacity across different domains and the meaning of deprivation of liberty.

This session will cover key developments over the last 12 months, including:

  • The ‘new’ test for capacity to consent to sexual relations
  • Assessing capacity to make residence and care decisions
  • The emergency MCA/DoLS COVID guidance
  • The meaning of deprivation of liberty in community settings
  • What stage are we with the Liberty Protection Safeguards and its Code?
  • What are a deputy’s responsibilities when an unauthorised deprivation of liberty is taking place?

PM break

3.15pm-4.15pm: Getting & Managing Local Authority Direct Payments

Caroline Bielanska, Solicitor

Clients who may be asset rich, but cash poor as they own disregarded assets, may be entitled to local authority financial support and direct payments. This money does not belong to the client but is used to fund their care: this can be difficult where funds are reduced following a reassessment and are insufficient to commission care.

This session will cover:

  • Who qualifies for direct payments?
  • How the ballpark figure is calculated
  • Employment issues
  • Contingencies
  • Commissioning care
  • Reviews and reductions in direct payments

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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Learn Live | 29.01.2021

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Court of Protection & Vulnerable Clients - 2021 Virtual Conference

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Jan
29
2021
 
10:00am - 4:15pm

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Discounts are available for multiple places. If you have 4 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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