Advising Attorneys: Problems and opportunities

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Contents

Exploring opportunities to expand our private practice by advising attorneys, particularly in relation to use of the donor’s funds to:

• Make gifts
• Meet needs and
• Pay themselves or close family or friends for the services they are providing

Learning objectives

• To better equip attorneys for their role
• To understand the limits of an attorney’s authority under a lasting power of attorney
• To appreciate the difference between a gift and a payment to meet needs
• To understand when an application to court may be needed
• To be able to represent attorneys in applying to court for approval of gifts or payment for care, or ratification of decisions made previously which were outside their authority

Speaker

SHEREE GREEN

Sheree Green TEP is the Chair of the Law Society Committee on Mental Health and Disability, and member of the Court of Protection ad hoc Rules Committee. Director at Greenchurch Legal Services, Sheree is an independent panel deputy, with particular expertise in representing individuals with both mental health and mental capacity difficulties. Sheree is an experienced speaker and has delivered seminars to a wide range of audiences, including local authority teams, solicitors, the medical profession, police & CPS, carers, charitable organisations and social care providers. Sheree has also written chapters for the Law Society publications “The Assessment of Mental Capacity” and “The Elderly Client Handbook”, together with articles for the Journal of Adult Safeguarding and the Elder Law Journal.