Best of 2017: Guardianship and intervention
 
 Monday, 30 October 2017  
 
09:00 - 09:30Registration, exhibition and refreshments
09:30 - 09:45Welcome and introduction
David McClements, Partner, Russel + Aitken LLP
09:45 - 10:20Trends 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
10:20 - 10:30Questions and discussion
10:30 - 11:05Intervention: Unanticipated circumstances
Speaker: Mark Ralston, Partner, Wright & Crawford Solicitors
11:05 - 11:15Questions and discussion
11:15 - 11:35Refreshments, exhibition and networking
11:35 - 12:10Update 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
12:10 - 12:20Questions and discussion
12:20 - 12:55The 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
12:55 - 13:05Questions and discussion
13:05 - 14:05Lunch, exhibition and networking
14:05 - 14:40Personal 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
14:40 - 14:50Questions and discussion
14:50 - 15:25Ordinary 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
15:25 - 15:35Questions and discussion
15:35 - 15:50Comfort break
15:50 - 16:25The 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
16:25 - 16:35Questions and discussion
16:35 - 16:45Closing remarks
David McClements, Partner, Russel + Aitken LLP