Course content 

Prospective attorneys often initiate and steer the donor into making an LPA on the terms which suit them.  This power imbalance can undermine the LPA. This session will explore professional conduct issues, the support that needs to be given when dealing with a vulnerable donor, advice on how to include safeguards against controlling attorneys, understanding the difference between undue pressure and undue influence; and capacity v understanding, and advice that needs to be given.

About SFE case study sessions

A leading expert will craft a case study which you will receive in advance of the session. They will go through the key issues with you as a group and then will use breakout sessions for you to discuss a particular question. Each group will be looking at a different question, so that there is no risk of hearing the same solution over and over again. NB: due to the sheer number of people who have booked on, we will now not be using breakout rooms, but will ensure that you have plenty of opportunity for discussion and interaction with the speaker. 

A week after the session, you will be sent a set of key learning points that you will be able to use in your day to day practice.

About the speaker

Caroline Bielanska TEP, Independent Consultant Solicitor provides support and advice for law firms, to troubleshoot in complex cases involving vulnerable clients, where the interplay between their capacity, care and finance arrangements, care funding, safeguarding and disputes may arise. Caroline is author of numerous leading text books on advising the older client and capacity, including Cretney & Lush on Lasting and Enduring Powers of Attorney (Lexis Nexis), The Practitioners Guide to Court of Protection Practice (Bloomsbury), The Elderly Client Handbook (The Law Society) and Elderly Clients- A Precedent Manual (Jordans). She sits on the Law Society’s Mental Health & Disability Committee and the Court of Protection’s Rules Review Committee. Caroline won the Trusted Advisor of the Year 2017 and the Vulnerable Client Practice Award 2017 in STEP’s Private Client Awards. She was a finalist in 2018, 2019, 2020 & 2021 in the Vulnerable Client Practice Award category.