Recent Features and Opinion – Page 3
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FeatureA meeting of minds
GPs are sometimes reluctant to carry out mental capacity assessments if a solicitor requests one for a client. Dr Elisabeth Alton explains how your legal knowledge and experience can be key to changing their minds
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FeatureBack to basics: Welfare deputyships
Sheree Green reviews the basics on welfare deputyships, and looks at why so few have been appointed
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FeatureThe road to recovery
Stephanie Kaye provides a guide to improving the recovery of your legal costs in the Court of Protection
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FeatureConcerned caller
Despite the news that investigations into lasting powers of attorney are on the rise, Fiona Heald has noticed a trend in members of the public struggling to get their concerns taken seriously. Here she explains what you can do if you get a call asking for help
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FeatureMeeting expectations
Regulators have been taking a keener interest of late in how professional services firms protect their vulnerable clients. What level of service should you expect from financial advisers in this area? David Mulholland explains
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FeatureTake control
The EU GDPR magnifies the data privacy obligations of deputies and attorneys in relation to donors and people lacking mental capacity. Craig Ward provides a guide to the new requirements
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FeatureWorkshop: Elderly client care and the Mental Capacity Act 2005
Delegates at the conference could choose between five workshops, run twice over the course of the day. Helen Clarke rounds up hers below
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FeatureMental notes
Stephanie David rounds up the key developments in mental capacity law, including the retrospective approval of gifts and choosing a litigation friend
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FeatureA fine line
A professional deputy is under a duty to protect P from financial abuse and spending unwisely, but when does this become overprotectiveness? Using practical examples, Holly Miéville-Hawkins and Asha Beswetherick explain how you can navigate this increasingly fine line
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FeatureChanging the channel
The law relating to mental capacity in Jersey is set for a shake-up in April, when a new act comes into force to assist those who no longer have capacity to deal with their affairs. Victoria Grogan runs through the legislation’s talking points
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FeatureDigital danger
The Financial Conduct Authority has called for lasting powers of attorney to be fully digitised to make them easier to apply for. Dawn Joughlin argues that the proposals will only leave vulnerable people at risk of fraud and abuse.
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FeatureWorkshop: Court of Protection litigation
Delegates at the conference could choose between five workshops, run twice over the course of the day. Ruth Hughes rounds up her workshop
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FeatureWorkshop: Elderly client issues
Delegates at the conference could choose between five workshops, run twice over the course of the day. Helen Clarke rounds up her workshop
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FeatureThe hidden link
Issues around mental capacity aren’t limited to private client; they can arise in any practice area. But mental capacity solicitors can support the whole firm by training colleagues in other practice areas. Holly Miéville-Hawkins outlines a simple training plan
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FeatureDoing your duty
The Office of the Public Guardian published new guidance in March for professionals who are appointed to act as an individual’s attorney under an LPA. But do you completely understand your duties? Holly Miéville-Hawkins remind us of the key responsibilities and considerations
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FeatureGilded cage
Alexis Hearnden provides a guide to the the Deprivation of Liberty Safeguards for the non-specialist practitioner
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FeatureBack to Basics: Drafting LPA clauses
Craig Ward looks at how to draft clauses in lasting powers of attorney, including the importance of clarifying client instructions, being aware of current case law, and drafting with a practical outlook
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FeatureRead the signs
Angela Johnson from the Office of the Public Guardian explains how to spot the signs of elder abuse
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FeatureStandard bearers
Sheree Green discusses a number of recent mental capacity cases that signpost best practice and offer guidance for professional deputies