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Court of Protection: Shaping New Law into Solution-Focused Answers for Your Clients

  • Wed 14th April 2021 until Mon 16th August 2021
  • On-demand, United Kingdom
  • 5 hrs CPD

£149 + VAT

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Answers to 12 Thorny Questions: Directly from 7 QCs and Senior Juniors of Outstanding Ability

  1. Capacity evidence

    How is the Court dealing with the particular difficulties of (1) distorted memories, (2) false beliefs and (3) personality change?

    What if capacity fluctuates?

    Answered by: John McKendrick QC of Outer Temple Chambers

    John is "one of the best COP silks out there." "He comes up with highly creative solutions to difficult issues." He served as Attorney General for the Caribbean island of Anguilla.

  2. Wishes

    What are the options and best practice advice when distinguishing a wish from (1) a valid Advance Decision to Refuse Treatment and (2) a valid will?

    Answered by: Fiona Scolding QC of Landmark Chambers

    Fiona is "brilliant - incredibly persuasive and a scarily good QC." She is senior counsel to the Independent Inquiry into Childhood Sexual Abuse and sits as a Deputy District Judge.

  3. Welfare deputies

    In appointing welfare deputies, what is meant in practice by "only in the most difficult cases"?

    When and how are such appointments necessary?

    Answered by: Claire van Overdijk of Outer Temple Chambers

    Claire is co-editor of Court of Protection Practice and Mental Capacity Law and Practice and short-listed as "Advocate of the Year 2020". "She is utterly dedicated to her cases."

  4. Conflict of interest

    How has ACC & Others [2020] changed existing thinking and best practice over solicitor deputies instructing their own law firms?

    Answered by: Ruth Hughes of 5 Stone Buildings

    Ruth acted in the hotly contested ACC & Others [2020] over conflict of interest. "She is pragmatic, responsive, sensitive to clients and doesn't sit on the fence."

  5. Conduct

    How do you gain an edge for your client when contending with attorneys or deputies suspected of financial abuse and recovering misappropriated monies?

    Answered by: Edward Cumming QC of XXIV

    Edward is "a superstar in the making - so bright you get the feeling that there isn't anything that he doesn't know." He acted in Re K over a substantial and high-profile estate.

  6. Statutory wills

    How do you control - and overcome - difficulties with statutory will applications, supported by case-law and practical examples?

    Answered by: Mark Dubbery of Pump Court Chambers

    Mark has "a real gift for providing straightforward, user-friendly advice on complicated problems." He has a particular talent for handling Statutory Will cases.

  7. Autonomy

    How deftly is the Court treading the line between autonomous decision-making and safeguarding vulnerable adults from potential harm?

    Answered by: Sam Karim QC of Kings Chambers

    Sam acted in B v A Local Authority, the first reported case on the capacity to make decisions about social media and the internet. "He is a calm voice in a storm."

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500

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