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09:00 - 09:30 | Registration, exhibition and refreshments |
09:30 - 09:45 | Welcome and introduction David McClements, Partner, Russel + Aitken LLP |
09:45 - 10:20 | Trends and current issues in welfare guardianship Colin McKay, Chief Executive, Mental Welfare Commission for Scotland
- Update on the latest case law and procedural guidance
- Trends in the use of welfare guardianship
- Reform of the Adult with Incapacity Act – update on Government plans and ‘graded guardianship’ proposals
- Implications of the UN Convention on the Rights of Persons with Disabilities
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10:20 - 10:30 | Questions and discussion |
10:30 - 11:05 | Intervention: Unanticipated circumstances Speaker: Mark Ralston, Partner, Wright & Crawford Solicitors |
11:05 - 11:15 | Questions and discussion |
11:15 - 11:35 | Refreshments, exhibition and networking |
11:35 - 12:10 | Update from the Office of the Public Guardian: Current issues and changes for financial guardians and attorneys Sandra McDonald, Office of the Public Guardian
- The common difficulties that arise for attorneys and guardians
- How you can better support attorneys and lay guardians
- What you may need to think about in future when advising attorneys and guardians
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12:10 - 12:20 | Questions and discussion |
12:20 - 12:55 | The role of the financial planner and duty of care to the adult without capacity; the importance of financial planning and risk management for these clients Neil Wilkie, Chartered Financial Planner and Director, Tilney
- Planning for care
- Due diligence reporting
- Management of financial affairs
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12:55 - 13:05 | Questions and discussion |
13:05 - 14:05 | Lunch, exhibition and networking |
14:05 - 14:40 | Personal injury trusts for the benefit of disabled and vulnerable beneficiaries Peter Murrin, Partner, Lindsays
- Discussing the implications and ramifications of a personal injury award for disabled and vulnerable beneficiaries
- Reviewing how personal injury trusts can work, giving the right advice and getting appropriate structures in place
- Practice points for setting up and administering trusts for vulnerable or disabled persons
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14:40 - 14:50 | Questions and discussion |
14:50 - 15:25 | Ordinary residence and habitual residence: An update on incapacity cross border practice and cases Jan Todd, Legal Services Adviser, South Lanarkshire Council
- Understanding of what ordinary residence means and the importance it has on local authority duties in relation to social work services
- Understanding of the issues incapacity has on ordinary residence and the local authority duties to someone habitually resident in their area
- Understanding the difference in approach taken across the border
- Examine practical cases to assist solicitors who are advising service users, their attorney or guardians to make appropriate choices
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15:25 - 15:35 | Questions and discussion |
15:35 - 15:50 | Comfort break |
15:50 - 16:25 | The Mental Health (Scotland) Act 2015 and its relevance for guardianship and intervention practitioners Professor Jill Stavert, Director, Centre for Mental Health and Capacity Law, Edinburgh Napier University
- Understanding any human rights (ECHR and UNCRPD) implications of Mental Health (Scotland) Act 2015 amendments to the Mental Health (Care and Treatment)(Scotland) Act 2003 that are relevant to guardianship and interventions
- Considering how certain 2015 Act amendments to the 2003 Act may support the exercise of legal capacity and the impact of this on guardianship and interventions
- Understanding when welfare guardians may be able to make certain applications and appeals to the Mental Health Tribunal for Scotland
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16:25 - 16:35 | Questions and discussion |
16:35 - 16:45 | Closing remarks David McClements, Partner, Russel + Aitken LLP |