Mental Capacity Act

Venue: London

Location: London, United Kingdom

Event Date/Time: Dec 08, 2010 End Date/Time: Dec 08, 2010
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At the time of the coming into force of the Mental Capacity Act 2005, the Department for Constitutional Affairs estimated that some two million people were affected by a lack of capacity to make certain important decisions for themselves, while some six million carers were also likely to be affected. It is therefore crucial that solicitors working with vulnerable or elderly clients are up-to-speed with any changes in the law relating to this area of practice.

Since the Act came into force on 1 October 2007, there have been some significant changes, in particular relating to the new Lasting Power of Attorney forms and the introduction of the Deprivation of Liberty Safeguards. As a result, practitioners in this area have had to get to grips with a range of new requirements and processes.

This masterclass offers a clear-cut update which outlines:

Developments within the Court of Protection and the Office of the Public Guardian
New areas of practice introduced since the Act, in particular the Deprivation of Liberty Safeguards, introduced in response to the decision of the European Court of Human Rights in HL v UK
Changes in established procedures, such as Lasting Powers of Attorney
A review of case law as it affects both the law of capacity and practice under the Act
Delegates will leave the day with a thorough understanding of:

Their responsibilities to clients under the Mental Capacity Act
How to assess mental capacity and decision-making ability
The new Power of Attorney forms
The Deprivation of Liberty Safeguards
Wills, testamentary capacity and the Best Interests test
Recent case law which aids in the interpretation of the Act

Masterclass Leader:

Alan Robinson is a solicitor and principal of Cross Keys Law. In his private client practice he deals regularly with issues of mental capacity. He has been a legal trainer for many years, lecturing on behalf of principal training companies, and is also an associate lecturer with the Open University. He is a former Mental Health Act Commissioner. Alan is the author of a number of published works, including The Mental Capacity Act: A Legal Update (Ark Group, 2010).