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AWI, guardianship and elder client conference

Date: 30th October 2019

Time: 09:00 - 16:50

Location:
200 SVS
200 St Vincent Street
Glasgow
G2 5SQ

CPD Hours: 6hours

Our Adults with incapacity, guardianship and elder client conference returns at a critical time when Adult incapacity law and features of current practice are at a crossroads.
Training Details


6 hours verifiable CPD

Our Adults with incapacity, guardianship and elder client conference returns at a critical time when Adult incapacity law and features of current practice are at a crossroads.

This conference provides a crucial opportunity to gain an update on the current status of reform, best practice principles and the various issues that practitioners face when dealing with and advising elder and often vulnerable clients. Carefully selected experts will update you on the latest guidance and provide vital practice updates for those interpreting and operating within the various acts today.

Our conference will feature a keynote address from Adrian D Ward MBE with the opportunity to ask questions and discuss recent developments with peers throughout. The day is divided into three broad sessions: developments in Adults with Incapacity work; updates from practice in Guardianship and Intervention; and planning for the future with your elderly clients. Over the course of the day, you will participate in in-depth analysis sessions as well as practical ‘brief’ briefings to ensure you leave with coverage of all the latest issues.

At this conference, you will gain:

  • Coverage of Adults with Incapacity principles for your practice
  • Understanding of the current state of play in the legislative reform programme and the future developments
  • Best practice updates in power of attorney, guardianship and intervention
  • Consideration of key aspects of planning for the future and the end of life advice: will making, tax and care planning, and Advance Directives
  • Top tips for assisting your elder clients and their families holistically and empathically
  • Laura McDowall, Partner, Blackadders LLP, Chair
  • Adrian D Ward MBE, National and International Specialist in Law for People with Cognitive and Volitional Impairments, and Convener of the Mental Health and Disability sub-committee 
  • Peter Quigley, Team Leader Adults with Incapacity Legislation and Practice, Directorate for Health and Social Care Integration, Scottish Government
  • Sarah Prentice, Associate Solicitor, Garden Stirling Burnet Solicitors
  • Elizabeth Sparks, Associate, Balfour+Manson
  • Jacqueline Tainsh, Senior Solicitor, Blackadders
  • Adelle Seaton, Associate, Turcan Connell
  • Catherine Guthrie, Senior Solicitor, Turcan Connell
  • Mike Douglas, Social Enterprises Director, Age Scotland
  • Alan Eccles, Partner, Brodies LLP
  • Alison Hempsey, Partner, TC Young
Testimonials

"I found the event to be extremely worthwhile. There was a variety of speakers, all who were knowledgeable in their areas. I came away from the day with a far greater grasp of the law surrounding mental incapacity"

Lynsey Morgan, Beveridge & Kellas, April 2018

"I really enjoyed the conference and came away feeling I have learned more about the job I have been doing for 10+ years!"

April 2018

"Another well presented conference on topic matters"

Mark Lunny, Lunny & Co, April 2018

Are you a solicitor experienced in incapacity and mental disability law? If so you may want to think about becoming an accredited specialist in this area. To find out more see Accredited Specialisms.

  • 09:00 - 09:30

    Registration and refreshments
  • Speaker

    Laura is a Partner in Blackadders LLP. She started at Blackadders in 2006 as a trainee solicitor and became the youngest partner in the firm in 2013. She has specialised in private client work for more than 12 years. Laura has been influential in growing the adults with incapacity unit at Blackadders having developed a high level of expertise in the area. Laura is one of only 8 solicitors in Scotland to be accredited as a specialist in Incapacity and Mental Disability Law by the Law Society of Scotland. Laura is instructed by local authorities, throughout Scotland, to assist with their duty to make arrangements for financial intervention and guardianship orders. She also regularly prepares financial suitability reports for other firms of solicitors, in applications for guardianship and intervention orders, and prepares safeguarder reports for Courts in adults with incapacity cases. Laura currently acts as financial guardian to around 75 incapable adults and assists many more incapable adults in the administration of their affairs under Powers of Attorney. Laura is Deputy Money Laundering Reporting Officer for her firm and a Management Board Member of Blackadders Wealth Management.

    Laura has a number of other roles outside of Blackadders including being a national tutor and examiner for the Wills and Executries module of the Society of Trust and Estate Practitioners (STEP) Diploma for Scotland, a Director at Wave 102’s Help for Kids charity, Secretary to the City of Dundee Burgess charity and a committee member for Tenovus Scotland’s Tayside Branch.

  • 09:45 - 10:20

    Opening keynote: Introduction and overview

    Speaker

    ADRIAN D WARD has a long international record as expert and campaigner in law, rights, policy and practice relating to people with psycho-social, intellectual and cognitive disabilities, and in creating service delivery projects for them.  He has been published in many countries and many languages over more than three decades.  His output includes the standard texts “Adult Incapacity” and “Adults with Incapacity Legislation”.  He has advised governments and international organisations, including World Health Organisation, and as consultant to Council of Europe he completed and published in 2018 a review of implementation of the Council’s Recommendation on principles concerning powers of attorney and advance directives.  He was closely involved in the law reform process leading to the Adults with Incapacity (Scotland) Act 2000, and implementation of it.  He has been convener of the Law Society of Scotland’s Mental Health and Disability Sub-Committee for over 30 years.  His many awards include MBE for services to people with learning disabilities, for charitable work and journalism, lifetime achievement, and honorary membership of the Law Society of Scotland.

    10:20 - 10:30

    Questions with Adrian D Ward MBE

    10:30 - 10:45

    Office of the Public Guardian Update

    • OPG Update including new Declaration Form for potential guardians

    Speaker

    Fiona has worked for Scottish Courts & Tribunals Service (SCTS) her whole career.
    She started as an Administrative Assistant at Airdrie Sheriff Court in 1993, and has performed a variety of operational roles, across numerous locations, since that time.
    Prior to taking up post as Public Guardian on 1 August 2018, Fiona had been Deputy Public Guardian for almost 4 years.

    10:45 - 11:00

    Law reform: An update from Scottish Government

    • Current status of legislative reform programme
    • Non-legislative work: Codes of practice

    Speaker

    Peter has been in the AWI reform team at the Scottish Government since January 17 and took over the leadership of the team in July this year. Prior to this he spent 14 years at the Office of the Public Guardian in various operational management roles relating to the registration, supervision and investigation of powers of attorney, intervention orders, guardianships and Access to funds. Peter has degrees in both English and Scottish law.

    11:00 - 11:10

    Panel questions and discussion on recent developments

  • 11:10 - 11:30

    Refreshments and networking
  • 11:30 - 12:00

    Guardianship Applicant v Active Power of Attorney

    • How to advise a client who is seeking to have a POA revoked and themselves appointed Guardian
    • Is the current system for supervision of Attorneys adequate?
    • Should we as a profession be promoting Powers of Attorney?

    Speaker
    Jacqueline Tainsh, Senior Solicitor, Blackadders LLP

    12:00 - 12:30

    The role of Safeguarders and best practice

    • Competing interests with solicitors acting for Adults
    • Conflicts between Guardians and care providers

    Speaker

    Sarah Prentice is an Associate Solicitor in the Court Department. Sarah speaks fluent Spanish and studied for one year in Spain as part of her law degree. Sarah has experience in both Civil and Criminal Law. Sarah has represented clients in summary trials, sheriff and jury trials and has instructed Counsel in the High Court of Justiciary.

    Sarah also has significant experience in family, mental health and adults with incapacity law. Sarah represents clients in divorce proceedings, child welfare hearings and children’s referrals regularly. Sarah is appointed as a curatrix ad litem for Hearings of the Mental Health Tribunals for Scotland and regularly represents patients subject to compulsory measures of treatment and hospital detentions. Sarah has significant experience in private Guardianship applications and has also represented Adults with Incapacity in opposing Guardianship orders.

    Sarah has a keen interest in human rights and advocating for vulnerable people in society. Sarah has a friendly and supportive approach to her clients.

    Sarah has served as a committee Member of the Scottish Young Lawyers Association and is currently a Committee Member of the Law Society of Scotland Mental Health and Disability Sub-Committee.

    12:30 - 13:00

    Will drafting for your elder client: key points for consideration

    • Discussing and planning with your clients: best practice guidance
    • Taking instructions effectively and what to look out for

    Speaker

    Elizabeth Sparks is a solicitor in Balfour+Manson’s Private Client department.  She advises clients in relation to a varied range of private client matters, including succession planning, the administration of deceased persons’ estates and the law relating to adults with incapacity, often working with the firm’s unique Client Welfare Team.  She also assists with advising clients in relation to the creation and ongoing administration of trusts, with a particular focus on personal injury trusts.  
    Elizabeth has tutored undergraduate ‘Revenue Law’ at the University of Edinburgh since 2013 and now also tutors on the core Private Client course of the Diploma in Professional Legal Practice.  She is a member of the Society of Trust and Estate Practitioners, an associate member of the Solicitors for the Elderly and sits on the board of the University of Edinburgh’s Free Legal Advice Centre.

    13:00 - 13:10

    Panel questions and discussion on best practice now

  • 13:10 - 13:55

    Lunch and networking
  • The second part of the day focuses on various issues that practitioners face when dealing with and advising elder and often vulnerable clients. It focuses on key aspects in relation to planning for the future and the end of life: will making, tax and care planning, and Advance Directives.

     

    In this afternoon session, Private Client experts will provide delegates with insights into key points of consideration and best practice guidance to help you communicate and deal effectively with your elder clients. 

    13:55 - 14:25

    Guardianship and intervention orders: best practice and drafting issues

    Speaker
    Alison Hempsey, Partner, TC Young

    14:25 - 14:55

    IHT and CGT: Tax planning strategies for the elder client

    • Overview of current developments
    • Practical guidance on key issues and strategies

    Speaker
    Adelle Seaton

    Adelle advises on succession planning including executry administration and the preparation of Wills and Powers of Attorney. She also advises individuals and families on trusts, tax planning and asset protection.

    Adelle read English Literature and Classics at the University of Edinburgh, graduating with First Class Honours in 2006. Having completed the graduate entry LLB and Diploma in Professional Legal Practice, Adelle joined Turcan Connell as a Trainee Solicitor in 2010, qualifying as a Solicitor and Notary Public in 2012. Adelle was promoted to Senior Solicitor in 2015 and Associate in 2018. Adelle is a tutor for the Private Client element of the University of Edinburgh's Diploma in Professional Legal Practice.

    Adelle is a member of the Society of Trust and Estate Practitioners (STEP) and is the Student Liaison Officer for STEP Scotland.  She has received three STEP Worldwide Excellence Awards for achieving the highest marks in each of the STEP Advanced Certificate in Wills and Executries: Law and Practice (Scotland), the STEP Advanced Certificate in Trusts: Law and Practice (Scotland) and the STEP Advanced Certificate in Taxation of Trusts and Estates (Scotland).

    14:55 - 15:25

    Care planning to preserve assets: the key issues

    • Care costs and benefits
    • Tips for advising your clients to protect their asset

    Speaker
    Alan Eccles, Partner, Brodies LLP

    15:25 - 15:35

    Questions and discussion

  • 15:35 - 15:50

    Refreshments and networking
  • 15:50 - 16:10

    'Living wills'

    • Overview and requirements
    • Top tips for drafting the document
    • Discussion of relevant cases

    Speaker
    Catherine Guthrie

    Catherine is a Senior Solicitor advising individuals, families and trustees on a broad range of issues including the preparation of Wills, Trusts and Powers of Attorney, asset protection, tax planning, pre and post death estate planning and trust and executry administration. Catherine studied law at the University of Aberdeen, graduating in 2012 with First Class Honours. She joined Turcan Connell as a Trainee Solicitor in 2013 having completed the Diploma in Professional Legal Practice. She qualified as a Solicitor in October 2015 and was promoted to Senior Solicitor in April 2019.

    16:10 - 16:30

    Communicating effectively with your elder client: Best practice guidance

    • Top tips for dealing effectively and empathically with your elder client

    Speaker

    Mike is the Director of Social Enterprises at Age Scotland where he looks after three businesses designed to help people Love Later Life. He is passionate about the need for organisations in Scotland to embrace age positively both in their customers and their staff. Age Scotland’s age inclusion programme was a finalist in the Glasgow Herald Diversity Awards 2019.

    16:30 - 16:40

    Questions and discussion

  • 16:40 - 16:50

    Closing remarks, Chair

Prices

prices exclude VAT

Member:
£220.83
 
New member:
£183.33
 
Accredited Paralegal:
£183.33
 
Trainee:
£183.33
 
Unemployed member:
£166.67
 
Non-member:
£241.67
 

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