Simon Gore Consulting Ltd
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Court of Protection 2017 Conference
27th September, London 9am 5-pm
Registration from 8.45am
9.20 Fusion by the back door? The MHA and the MC,
Statute prescribes a clear distinction between the Mental Health Act and the Mental Capacity Act. The distinction in practice is not straightforward and the interface between the two has been one of the most criticised in the Court of Protection. This presentation will look not just at that interface, but also at the extent to which both soft law and case law is collapsing the distinction. The implications for practitioners, in particular in cases which cross the boundaries, will be explored and outlined, as will future developments in this area
Alex Ruck-Keene, 39 Essex Street Chambers
10.00 How do we decide what is best for someone else?
- What type of health and welfare decisions fall to decision makers?
- Who should be the decision maker?
- The tensions between substituted judgment test and the objective best interests test
- Whose views should be taken into consideration ?
- What weight does P’s views have?
- How to weight professional opinions?
- How to manage risks and benefits for P
- How to maintain P’s independence
- When can an unwise decision be in P’s best interests
David Lock QC, Landmark Chambers,
10.40 Morning Break
11.00 LPAs & Advance Decisions,
- The definition of “advance decision”
- The effect of an advance decision
- The form of an advance decision
- The position when a decision from the Court of Protection is sought
- Protection for clinicians
- Existence, validity and applicability of an advance decision
- Withdrawal of an advance decision
- LPAs, advance decisions and advance statements
- “Done anything else clearly inconsistent”
- Applicability – life sustaining treatment
- Advance decisions and compulsory treatment under the Mental Health Act 1983
- Issues in the operation of the advance decision regime
- Lack of knowledge and understanding of advance decisions
- Problems with the implementation of advance directives in practice
Mark Mullins, Outer Temple Chambers
11.40 Community DOL streamlined applications
- Cheshire West and definition of DoL
- Impact and implications
- DoL in domestic settings – the backlash
- Re X – the “streamlined” Court of Protection process
- Now what and reform?
Ben Troke, Partner, Browne Jacobson LLP,
12.20 Imputability to the State - who is responsible for DOLs in private arrangements.
Nagenna Khalique QC, No. 5 Chambers
13.00 Questions followed by Lunch
14.00 Gifting and investments by deputies and attorneys - collateral use of P’s money.
- Gifting vs investment
- Financial vs non-financial interests
- Conflicts and their management
- Timing of application
- The position of professional deputies and attorneys
Mark Baxter & Eliza Eagling, 5 Stone Buildings,
14.40 Assessments of Capacity – Traps for the Unwary – How to identifying and avoid them
- Assessing Capacity (Elderly and sick patients, obstetric cases)
- Living wills; and
- PVS and MCS
Michael Mylonas QC, Sarjeants Inn Chambers
15.20 Afternoon break
15.40 Litigation in the court of protection (with or without a pilot)
Peggy Etiebet & Michael Paget, Cornerstone Barristers
- What options are available for the judge when determining best interests?
- CoP judges - not making decisions?
- 3 hearings - is it really feasible to dispose of a personal welfare case in 3 hearings?
- Ordinary residence & MCA - is the right LA taking responsibility?
- Mediation - should you be undertaking it?
- How do you ensure P's voice is heard in the litigation?
- What happens when your joint expert report is not up to scratch?
16.20 Costs and Litigation funding in the CoP,
Andrew McAulay, Partner, Clarion Solicitors
Registration Form - £165 per person (earlybird rate)
Local authorities & NHS Trusts - £125 per person
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