End of Life Decisions - The Options Available for Private Client Practitioners

Introduction

The end-of-life legal framework can be found in the Mental Capacity Act 2005 and accompanying Code of Practice, Court of Protection Rules 2017, practice directions and case law.

This short webinar will consider the statutory framework and recent case law relating to end-of-life care, including the withdrawal of treatment, lasting powers of attorney, best interests, advance decisions and testamentary provisions.

It is suitable for private client and Court of Protection practitioners who advise and support clients in relation to estate planning (wills, lasting powers of attorney and advance decisions) and practitioners who make applications to the Court of Protection for determination of health and welfare issues.

End of life care has become widely reported in the media, particularly around the issue of supported dying.

Unless and until there is any change in the law, assisted suicide remains a criminal act with a maximum penalty of 14 years in prison.

DPP guidance issued in 2010 sets out the public interest factors that will influence whether or not someone will be prosecuted.

Whilst the webinar will touch on these issues, it will focus on the existing legal framework applicable to end-of-life decisions and relevant recent case law to better enable practitioners to provide advice and support to vulnerable clients.

What You Will Learn

This webinar will cover the following:

• A brief introduction to the legal framework, including the current DPP guidance concerning assisted dying
• Health and welfare lasting powers of attorney, including giving and refusing consent to life sustaining treatment
• Decision making in the absence of a health and welfare lasting power of attorney
• Best interests decision making
• Advance decisions
• Interaction between lasting powers of attorney and advance decisions to refuse treatment
• Wills, including death bed wills
• Working with vulnerable clients including issues of capacity

This pre-recorded webinar will be available to view from Wednesday 10th September 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.