Court of Protection - 2024 Virtual Conference

Introduction

Chaired by Caroline Bielanska, this live broadcast conference with a panel of leading experts offers a comprehensive update as to the current hot topics in this fast-moving area.

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

Conference Agenda

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

10am-11am: Improving Your Statutory Will Applications

Chair: Caroline Bielanska

This session, will discuss the following:

• The 'obstacle' of the Official Solicitors guidance
• Remedy for abuse, avoiding disputes and other common reasons to apply
• Identifying relevant evidence
• Drafting witness statements
• Dispensing with notice to respondents
• Execution mistakes

Morning Break

11:10am-12:10pm: Acting as Property and Affairs Deputy Within a Complex Family Dynamic

Sheree Green, Greenchurch Legal Services Limited

This session, will discuss the following:

• Family occupying P’s property
• When a deputy or attorney has used P’s funds in an unauthorised manner
• Ongoing family disputes
• When family members have their own issues which impact on P and/or their finances

Justin Holmes, Barrister, Radcliffe Chambers

There can be circumstances when P wishes to know how much money she has, but there are good reasons why telling her might not be in her best interests. This session will consider:

• When this question might arise
• What is the right capacity question to ask
• What is the relevance of capacity to take other decisions (e.g. make a will, enter into pre-nuptial agreement)
• What best interest factors will be relevant if capacity is not established

Break for lunch

2-3pm: Mental Capacity Act - Latest Update

Tim Spencer-Lane, The Law Commission

A summary of recent case law and law reform developments concerning the Mental Capacity Act and Court of Protection and how it applies in practice. Areas covered will include:

• Case law on capacity assessments and best interests
• Update on the new Mental Capacity Act Code of Practice
• Deprivation of liberty

12:10pm-1:10pm: Knowledge Can Be a Dangerous Thing: Informing P About Her Wealth

Afternoon break

3:15-4:15pm: Residency Disputes

Caroline Bielanska

This session will explore common types of residency disputes along with practical difficulties and applications to court as follows:

• Common types of disputes
• Practical difficulties of Re ACC
• Preliminary considerations
• Does P have capacity to decide?
• When should you involve the local authority?
• Making an application to the court