Acting for Older & Vulnerable Clients - Beyond the Basics with Caroline Bielanska

Introduction

When a private client lawyer is concerned that a client may not have the mental capacity to make a will or lasting power of attorney, they may seek to obtain an external opinion.

This can be difficult as most GPs will refuse to do it, leaving the lawyer with little choice but to form their own view.

Challenges are increasing and lawyers need a solid understanding of the evolving case law concerning capacity.

When a client needs care and support, decisions need to be made, either by them or others on their behalf.

Even with a welfare lasting power of attorney, the attorney may be sidelined in decisions making, creating conflict and frustration.

Care is expensive and even those who start their care journey in a good financial position may find themselves needing to rely on the State for financial support.

This new virtual classroom seminar will explain case law, the complex conflict between the common law and the Mental Capacity Act 2005, the Law Commissions proposals for change, and how to robustly act for your clients with possible impaired mental capacity.

It will consider how the client can access care and support, the relevance of their own finances (including their home), and how financial contributions are calculated.

What You Will Learn

This live and interactive course will cover the following:

• Recognising and overcoming obstacles to getting an assessment of capacity
• How to determine a client’s capacity to make a will
• How to determine a client’s capacity to make an LPA
• How personal welfare decision making happens in practice
• How to obtain NHS continuing healthcare, funded nursing care and local authority support
• The assessment journey, how decisions about eligibility are made and the financial assessment, including the family home and deliberate deprivation

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.