This webinar will allow the practitioner to more effectively comply with the SRA Statement of Solicitor Competence when taking instructions from, acting for and meeting the needs of clients who lack the mental capacity to properly instruct them.
It will help solicitors, counsel and legal executives of all levels, particularly those who do not regularly work in the fields of mental health and mental capacity law, to properly identify and act for clients who lack the mental capacity to give instructions or take advice.
We will consider the responsibilities that a practitioner has towards such clients and how, in meeting those responsibilities, they can benefit themselves, their practice and the client.
A review of the Law Society Practice Notes and SRA Guidance and Principles in this area
What is meant when someone is found to ‘lack capacity’ and how this impacts on important decisions that person may make in their life
What happens when someone is deemed to lack the capacity to give instructions to or receive advice from a legal advisor
What is needed to properly receive instructions from an agent
The various legal tests of capacity by area of law and the techniques used for assessing capacity
Techniques for assessing capacity
What to do if you suspect that someone who lacks capacity is being unduly influenced