Court of Protection Practice - 6 Essential Modules with Mike O’Brien KC

Introduction

The number of clients requiring advice on Court of Protection matters is increasing.

Presented by Mike O’Brien KC, this boxset is aimed at practitioners taking on new cases.

It will provide an overview of the issues that need to be understood in order to advise a client and update you on the recent case law and statutory changes.

What You Will Learn

This modular webinar will cover the following:

Module 1 - Applications to the Court of Protection

The module will cover:

• When to bring a case and when it is not needed
• The forms to fill in and how to approach them
• Urgent applications
• And how to respond for a respondent
• Notifying parties

Module 2 - Applications to Appoint a Deputy

The module will focus on:

• Property and financial affairs online applications and applications to appoint a welfare deputy
• The powers of the attorney and the deputy
• Issues in contested deputyship hearings
• Supervision by the OPG and the role of the OS

Module 3 - What is Mental Incapacity under the 2005 Act?

The module will consider:

• Mental capacity in section 1 Mental Capacity Act 2005
• Mental incapacity in section 2 MCA 2005
• Proving that a person lacks capacity section 3 MCA 2005

Module 4 - What Does ‘Best Interests’ Mean?

The module will look at:

• The procedural issues relating to best interests disputes
• The meaning of best interests within section 4 of the Mental Capacity Act 2005
• Leading cases on best interests

Module 5 - Deprivation of Liberty Applications

The module will cover:

• Applications to the court to challenge deprivation of liberty
• What is deprivation of liberty? The acid test
• The key cases on deprivation of liberty

Module 6 - The Mental Capacity Amendment Act 2019

The module will focus on:

• The key change is being made by liberty protection safeguards
• The new Code of Practice
• The different roles and procedures to be introduced by LPS

This pre-recorded webinar will be available to view from Wednesday 27th August 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.