1
Type Speaker CPD Hours Level
Webinar
1.25 UpdateInformation
Accreditation Information
SRA Competency B

Introduction

This webinar will cover the steps to be undertaken at the pre-issue stage in welfare applications as well as an overview of the procedure for issuing applications in the Court of Protection. It will review recent notable decisions and developments in welfare cases, recent trends and possible future developments, including changes to the DOLS authorisation regime.

It will be particularly useful for private client lawyers who are instructed by concerned relatives and friends of vulnerable adults; as well as Court of Protection lawyers and private client lawyers currently acting as Professional Deputies and Attorneys who seek an update on Court of Protection case law and procedures. It will also assist other advisers who deal with vulnerable adults and/or those working in health and social care law.

What You Will Learn

This webinar will cover the following:

  • CoP welfare case updates covering capacity and best interest decisions
  • The Court’s jurisdiction & recent decisions under the Mental Capacity Act 2005
    • Determination on capacity
    • Decisions as to P’s best interests regarding
      • Residence
      • Care & support
      • Contact
      • Medical treatment
      • Marriage and sex
    • Revocation of Health & Welfare LPAs and Deputyships
  • Summary of key COP Rules 2017
    • The welfare case pathway pre-issue stages - steps required prior to submitting a welfare application to the CoP
    • Permission
    • Respondents and persons to be notified
    • P’s participation - wishes and feelings
    • Attended hearings - public or private
    • The general rule on costs
  • Summary of the relevant Court forms
  • Health and Welfare Deputyship Applications - case law guidance /general guidance
  • Legal Aid availability & current issues
  • Pilot Mediation Scheme

This webinar was recorded on 29th June 2018

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