Consultant Solicitor
Elderly Care law
Community Care law
Mental Incapacity law
Court of Protection litigation and applications
Wills and Probate
Statutory Will Applications
Deputyship Applications
Drafting Lasting Powers of Attorney
Contracts and Trusts
Mediations
Contentious probate
General civil disputes
Commercial liquidations
Commercial contractual negotiations
Vulnerable adults and their care
Social services and carers disputes
Disputes between relatives of vulnerable adults
Regulation audits
Workplace disputes
Employment contracts
Legal Research
Mediation at the Court of Protection
Research in 2009 examined if mediation would be suitable at the Court of Protection. 74 solicitors and 26 non-solicitors were asked their views. The overall conclusions were, mediation was suitable at the court of protection, being likely to be of benefit to elderly clients and less stressful.
See 11.3 Lasting Powers of Attorney: A Practical Guide (2nd Edition) 2011, The Law Society
Should Solicitors be Assessing Capacity
In 2011, 100 solicitors where asked:
-
•Is a difference between mental capacity and testamentary capacity?
-
•Do you think solicitors should be assessing a client’s capacity to sign a document?
-
•Do you think solicitors should receive training in making capacity assessments on their LPC?
The survey showed the majority of the respondents favoured solicitors making capacity assessments. With the majority of respondents are already working within the parameters of the SRA regulations and making appropriate GP referrals.
See Can Practitioners spot a Client who lacks Capacity? Private Client Adviser December 2011/January 2012 (Vol 17:2)
Publications include
-
•Lasting Powers of Attorney: A Practical Guide (2nd Edition) 2011, The Law Society
-
•Managing a Resident Transfer, Caring Times February 2012
-
•Can Practitioners spot a Client who lacks Capacity? Private Client Adviser December 2011/January 2012 (Vol 17:2).
-
•Opportunities Legal Update weekly publication (from October 2009 to August 2011).
-
•Restraint or Deprivation of Liberty in Disguise? Elderly Client Adviser March/April 2009 (Vol 14:3).
-
•Lasting Powers of Attorney: A Practical Guide 2008, The Law Society