AWI: Advanced Practice - Part 1 & 2 Recording

CPD 3 hours

PEAT Outcome - Relevant legal knowledge

OBJECTIVES

Sandra McDonald, the former Public Guardian for Scotland and an acknowledged expert on adult incapacity, will be offering a two 90min online sessions specifically for those who work in this field and want to enhance their expertise.

This two part Zoom webinar will cover:

AWI, advanced practice part 1

UNCRPD

• Status of this Convention in Scots law
• What the Convention requires (supported decision making and respecting will and preferences). More specifically how one does this in practice

Scott Review

• Update on the Scottish Mental Health [and incapacity] Law Review.
• Changes we can expect to see in future
• When may we expect to see these?
• Things we can do now to ‘futureproof'

Assessing capacity

• LSS guidance on assessing capacity
• Recognising vulnerability
• Using a check list?
• What to do if unsure
• Medical v legal capacity, when to use a doctor

AWI, advanced practice part 2

PoA clauses: The Good, the Bad and The Ugly

• Ugly – common drafting errors, clauses which present problems for user if not drafted clearly
• Bad – clauses which have the potential to frustrate the PoA completely if not drafted properly
• Good – correcting above two issues but also including new clauses to give effect to UNCRPD and early effect to Scott recommendations

A Power of Attorney for the future

• Updating your Firm’s template to future proof it

Deprivation of Liberty

• What Scott Review recommended
• Where the law is at
• Discussion as part of the above on a possible PoA clause

PARTICIPANTS

This webinar is aimed at trainees, solicitors and those practising in the field of private client and adult capacity.

SPEAKER

Sandra McDonald, EX-PG

Sandra was the Public Guardian for Scotland for 14 years. She now draws on that experience to offer mental capacity advice and training. She acted as consultant to the Scottish Mental Health and Incapacity Law Review, specifically to support the adult incapacity law elements and was project lead for the 7th World Congress on Adult Capacity, held in Scotland in June 2022; a global event bringing together all the key players in this arena.

Sandra is the author of ‘Power of Attorney’: a one stop guide with all you need to know on granting, using or relying on power of attorney. She holds qualifications in law, public sector management and nursing. Sandra is a member of the Law Society of Scotland’s mental health and disability law subcommittee. She is Chair of the Dementia Trust and on the advisory group of the Centre for Mental Health and Capacity Law at Edinburgh Napier University and of Hourglass Scotland (formerly Action on Elder Abuse Scotland).