Acting for Older Clients - 2025 Virtual Conference

Introduction

Expert speakers come together to explore the latest legal and policy developments affecting older clients and those who support them. Chaired by Caroline Bielanska, the programme covers key updates on LPAs, mental capacity, care funding, assisted dying law, and essential welfare benefits, offering practical guidance to navigate these complex and evolving areas with confidence.

Conference Agenda

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

10am-11am: Changes to LPAs

Caroline Bielanska, Solicitor, TEP, Mediator, legal trainer and author

This session offers a practical overview of the reforms to Lasting Powers of Attorney (LPAs), with a focus on how legislative changes and the new digital application process will reshape practice. It will cover updated witnessing requirements, the evolving role of the Office of the Public Guardian, and the responsibilities of certificate providers. The session will also highlight key risks, safeguarding considerations, and best practice for advising older and vulnerable clients.

Learning outcomes:

• Understand legislative changes and the planned digital LPA application process
• Understand new witnessing and certification requirements
• Recognise the evolving role of the Office of the Public Guardian
• Clarify duties of certificate providers
• Identify signs of abuse or undue influence and safeguarding measures
• Learn best practices for advising older and vulnerable clients

Morning Break

11:10am-12:10pm: Mental Capacity Act - Legal Update

Tim Spencer-Lane

This session provides an up-to-date overview of key legal developments and recent case law under the Mental Capacity Act 2005. Topics covered include evolving approaches to capacity assessments, best interests decision-making, and current trends in Court of Protection judgments. The session offers practical insights into how these changes impact the legal landscape for those advising older clients, helping ensure compliance and best practice in a rapidly developing area of law.

Learning outcomes:

• Understand evolving judicial approaches to mental capacity assessments
• Examine key decisions influencing best interests determinations
• Review significant Court of Protection rulings and procedural updates
• Identify implications for legal practice, compliance, and client advice

12:10pm-1:10pm: Refusing Treatment and Assisted Dying Law

Caroline Bielanska, Solicitor, TEP, Mediator, legal trainer and author

The possibility that the Terminally Ill Adults (End of Life) Bill will be passed by Parliament appears likely and will shift the legal landscape around assisted dying in the UK. This session will outline the key features of the Bill, including eligibility and expected timelines for implementation. It will also cover the legal framework for refusing treatment, including the use of advance decisions and DNACPR notices. The discussion will conclude with an examination of the forfeiture rule and how involvement in a loved one’s death may affect inheritance rights.

Learning outcomes:

• Key provisions of the Terminally Ill Adults (End of Life) Bill, including eligibility
• Legal framework governing refusal of treatment, advance decisions, and DNACPR notices
• Understanding the forfeiture rule and its consequences for inheritance disputes
• Practical considerations for advising clients on end-of-life choices and related legal risks

Break for lunch

2-3pm: Care Funding Under Pressure: CHC, Deprivation & Disputes in 2025

Cate Searle, Martin Searle Solicitors

As care funding faces mounting pressures, this session explores the complex and evolving landscape of Continuing Healthcare eligibility, fee disputes, and asset deprivation. It will also highlight the impact of recent reforms and ongoing tensions between councils and care providers, offering practical guidance to help you stay ahead in this challenging area.

Learning outcomes:

• CHC eligibility challenges and retrospective claims
• Fee disputes, eviction risks, and council/care-provider tension
• Property transfers and deprivation of assets issues
• Key funding reforms (Better Care Fund, data requirements, NHS restructuring)

Afternoon break

3:15-4:15pm: Older People; An Essential Benefits Update

Jayne Knights, Welfare Benefits Consultant, Renaissance Legal

This essential update explores the latest developments in benefits affecting older clients, including the shifting landscape around Winter Fuel Payments, the surge in Pension Credit claims and what it may signal for client eligibility, and the ongoing Carer’s Allowance controversy - with key implications for means-tested benefits. The session will also highlight practical tools and online resources to help legal advisers identify additional charitable support for clients. Packed with timely insights, this session equips private client practitioners with the knowledge to better support vulnerable clients and unlock potential entitlements.

Learning outcomes:

• Understand changes to Winter Fuel Payments and client eligibility
• Assess Pension Credit claim trends and their impact on benefits
• Navigate the Carer’s Allowance issues affecting means-tested benefits
• Use practical tools to identify extra support options for clients
• Advise vulnerable older clients on maximising benefit entitlements

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.