Clients and Capacity – the need to knows

This webinar is aimed at private client and court of protection practitioners. It will look at specifically capacity when dealing with both will and lasting power of attorney instructions including statutory principles, professional rules and law society guidance.

The webinar will have a specific focus on the need to knows regarding capacity. How the pitfalls can be avoided, how the risk can be managed and issues surrounding clients who are suspected to lack capacity to prepare a will or make a lasting power of attorney.

It will conclude with some practical tips to bear in mind in relation to these particular instructions and how to best manage the risk associated.

Learning Objectives:

• Key points of the Mental Capacity Act 2005
• Reconsider professional rules and law society guidance
• Consider capacity in the context of private client instructions and how this should be approached in practice with a particular focus on capacity when making a lasting power of attorney
• Consider what steps should be taken in relation to vulnerable clients and identifying undue influence
• Practical tips for dealing with these kind of instructions