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

Programme

1. 09:30

   Registration and coffee

2. 10:00

   Chair's Introduction

   Court of Protection: Shaping new law into solution-focused answers for your clients

   Chaired by Gary Rycroft of Joseph A Jones & Co

   Gary served on The Law Society Wills & Equity and Private Client Advisory Committees. He contributes to "Administration of Estates" and regularly appears on national TV.

3. 10:10

   Dodgy Attorneys

   How do you gain an edge when contending with dodgy attorneys and deputies, who are simply plundering the donor's assets or intimidating the donor into approving actions otherwise unconscionable?

   Answered by Mark Baxter of 5 SB

   Mark is “utterly brilliant with an encyclopaedic knowledge of all things Court of Protection”. “He is confident, responsive, charming and a pleasure to work with.”

4. 10:45

   Borderline Capacity

   How do you address difficulties with borderline and fluctuating capacity when making an LPA, including distorted memories, false beliefs and personality change?

   Answered by Mark Dubbery of Pump Court Chambers

   Mark is “extremely knowledgeable and entirely unflappable and provides straightforward, user-friendly advice.” He sits as a Deputy District Judge.

5. 11:20

   Morning Coffee

6. 11:35

   Conflicts of Interest

   What is the latest judicial thinking on how to untangle conflicts of interest, including conducting proceedings on a person's behalf and the appointment of connected asset managers?

   Answered by Richard Dew of Ten Old Square

   Richard is "hugely experienced, knowledgeable and intelligent. He is straight talking, clear and someone who gives succinct advice. He inspires confidence.”

7. 12:10

   P's Wishes

   In borderline cases, what are the options and best practice advice when distinguishing a client's wish from a valid Advance Decision to Refuse Treatment and a valid will?

   Answered by Edward Lamb KC of Deka Chambers

   Edward "has both great gravitas and the ability to see a case clearly." He has acted for public bodies and protected parties in the full range of clinical and welfare matters.

8. 12:45

   Overrun

9. 13:00

   Lunch

10. 13:45

    Autonomy and Best Interests

    How far can you push the Court over autonomy, capacity and best interests, resolve tensions and secure better outcomes, following the spate of recent cases?

    Answered by Fiona Scolding KC of Landmark Chambers

    Fiona is "a brilliant - incredibly persuasive and scarily good KC." She represented 297 individuals and the Hepatitis C trust in the Infected Blood Inquiry.

11. 14:20

    Selling a Property

    Given the significant delays in getting DOL Authorisations, what other methods will the Court accept to authorise a deputy to sell a property when someone no longer lives there?

    Answered by Jordan Holland of 5 SB

    Jordan is “an absolute go-to junior barrister who is destined for big things.” "He deals with the full spectrum of cases, is on top of every issue and a great team player.”

12. 14:55

    Contentious Statutory Wills

    In Statutory Will Applications, is there a creative way of resolving the situation if you can't reach an agreement with the other side, and how do you protect yourself from costs consequences?

    Answered by Francesca Gardner of 39 Essex Chambers

    Francesca is “focused, concise, always absolutely on point and leaves no stone unturned.” “She advocates fiercely on behalf of her clients and is a KC in waiting.”

13. 15:30

    Over-run

14. 16:00

    Close of conference