Recent Features and Opinion – Page 5
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FeatureShow some restraint
‘Forced’ sterilisation, or proportional safeguarding? Hannah Gomersall examines the Mental Capacity Act’s approach to intervention and restraint in the light of recent Court of Protection case law on the ‘less restrictive’ option
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FeatureFor the record
John Galvin explains why health and welfare lasting powers of attorney should not be overlooked as part of later life planning, and argues for the inclusion of a clause giving attorneys access to medical records
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FeatureAge old problem
Lucy Trevelyan examines the role of private client practitioners in cases of elder abuse, and looks at whether changing the safeguarding procedures will help or hinder vulnerable people – and their solicitors
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FeatureIt’s my life
Cilla Wright discusses her work as an independent mental capacity advocate, and why professionals should not lose sight of the basic principles of the Mental Capacity Act when dealing with vulnerable people
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FeatureBack to basics 35: Deprivation of liberty
Adam Boukraa looks at how the system in place to authorise deprivations of liberty under the Mental Capacity Act 2005 works
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FeatureAll that glitters
Simon Taube QC examines the conflict between the ‘golden rule’ and the solicitor’s duty to execute the will in a reasonable time
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FeatureMental notes
Helen Clarke reviews two new books aimed at providing practical support for solicitors on mental capacity and elderly client issues
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OpinionDo it yourself
Private Client Section chair Simon Leney fears the rise in applications for lasting powers of attorney may lead to further abuses of process if the solicitor is cut out
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FeatureAnnual Conference 2014: Elderly client issues
In this workshop, Helen Clarke looked at recent changes related to mental capacity and the Court of Protection, and the value and importance of lasting powers of attorney for health and welfare
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FeatureAnnual Conference 2014: Contentious inheritance issues
In this workshop, Miranda Allardice examined recent probate and negligence case law, with reference to best practice guidance in the Law Society’s Wills and Inheritance Protocol.
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FeatureAnnual Conference 2014: In the public eye
At the Private Client Section annual conference, public guardian Alan Eccles spoke about the process of change at the Office of the Public Guardian, from its new digital service to raising public awareness of mental capacity issues
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FeatureMeek: who shall inherit?
Sheree Green reports on the latest chapter in the long-running litigation over the estate of Gladys Meek, and her two deputies’ mis-spending of her estate
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OpinionAll is forfeit
Simon Leney looks at the implications of the Forfeiture Act for mercy killings
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FeatureEnrol with the punches
Clients who employ care or support staff directly will have pension obligations under the new auto-enrolment scheme, and professional deputies have a key role in advising them on compliance. Jane Bennett and Sean McSweeney explain
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FeatureForward planning
A recent case has highlighted the effectiveness of advance decisions and statements in ensuring an individual’s wishes for their care and welfare are respected if they lose capacity. Ann Stanyer explains how they work, and the implications of the case
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FeatureFreedom flight
A recent Supreme Court decision on deprivation of liberty will have far-reaching practical implications and is likely to lead to a very significant increase in the number of applications to the Court of Protection for authorisation, writes Alex Ruck Keene
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FeatureRight of reply
Rachel Rothwell reports on a recent Justice Committee evidence session on the work of the Court of Protection, in which Sir James Munby answered questions on court transparency, moves towards regionalism in the court, and the role of the Official Solicitor
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FeatureNo more secrets
Patricia Wass looks at the impact of new guidance aimed at increasing transparency in the Court of Protection