LPAs & Certificate Providers - Technical Traps Explored with Caroline Bielanska

Introduction

LPAs may appear to be simple documents, but the underpinning complex regulations and case law means there are technical traps for the unwary.

As registration of a LPA is not conclusive proof of its validity, the court can order the LPA be cancelled if a technical requirement has not been met.

It is estimated that there could be hundreds of thousands of invalid but registered LPAs.

Legal professionals will be negligent if they fail to follow the regulations and case law.

This new virtual classroom seminar will explore the regulations and the role of the certificate provider in light of the case law, so professionals can be confident in what they do, which protects the donor and themselves.

It is suitable for fee earners who advise on and draft LPAs.

What You Will Learn

This live and interactive course will cover the following:

• Execution traps
• Failing to make a choice in section 5 of each type of LPA
• Whether trainee solicitors, legal secretaries and paralegals can act as a certificate provider
• Case law on who is disqualified
• Practical examples of how easy it is to be disqualified without realising it
• The consequence of being disqualified
• TA v The Public Guardian - the risk knowledge-based certificate providers present
• Whether understanding the scope and purpose of the LPA is the same as mental capacity to make an LPA
• Case law on capacity to make an LPA
• What is meant by undue pressure?
• How to evidence an opinion

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.