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Cisneros A: A Practical Guide to Lasting
Powers of Attorney

A Practical Guide to Lasting Powers of Attorney

When arrangements are made for someone, in their best interests, that amount to a deprivation of their liberty - for example placing someone in a care home against their wishes - how does the law protect their rights?


The law in this vital area has been a mess. In 2014, a parliamentary committee described the current legal framework - the "Deprivation of Liberty Safeguards" (DoLS) - as not fit for purpose, and that was before a Supreme Court judgment (Cheshire West) just a few days later meant that the system has been overwhelmed with vastly more cases than it was built or resourced for.


In 2019, legislation was passed with the bare bones of a new system, the Liberty Protection safeguards (LPS), to replace DoLS. But despite a consultation in 2022 on a draft Code of Practice which added some detail, it has now been announced that the LPS will not be implemented before the next general election (expected to be in late 2024), and so in practice may well never be implemented at all.


Without those long awaited reforms, we will still have to work with the old system, and all the problems it had that LPS was supposed to fix, notably:

That DoLS does not apply beyond care homes and hospitals, and so anyone deprived of their liberty in other settings, such as their own family home, or supported living, can only have this authorised by a court order;
Similarly, DoLS only applies over the age of 18, but this leaves a gap for 16-17 year olds where, again, court orders are needed to authorise any deprivation of liberty, as the courts have only recognised parental consent to avoid a deprivation of liberty where the child is under 16; and
Even where the DoLS system does apply, over 18 and in care homes and hospitals, there is a colossal mismatch between the system's resources and the workload, with backlogs of a year or more for authorisations to be processed, and tens of thousands of people unlawfully deprived of their liberty.




This book will look at:

The background and context to the law on deprivation of liberty
Article 5 of the European Convention of Human Rights
The Bournewood case and the birth of DoLS
Cheshire West, the definition of a deprivation of liberty, and how this has applied in a range of settings from the family home to residential care and hospital
How DoLS works in practice, including the key safeguards
Deprivation of liberty for children and young people
Court applications for deprivation of liberty in the community
The interface between DoLS and the Mental Health Act
Consequences and compensation for an unlawful DoL
The Law Commission's review of DoLS, the evolution of the LPS and how it would have worked, and the prospects of reform now; and
Making the best of the system we have for now.




ABOUT THE AUTHOR


Ben Troke is a solicitor and a mediator with 25 years' experience working in health and social care, acting for the NHS and private sector providers all over the country. His particular interest is in decisions about mental capacity, medical treatment and deprivation of liberty, and he regularly deals with urgent applications to court in emergency situations.


Ben is independently rated as one of the leading practitioners in the country in the Court of Protection. He currently sits on the Law and Ethics Policy Unit of the Faculty of Intensive Care Medicine, and the Law Society's Mental Health and Disability Committee, and has a decade of experience of sitting on the ethics of clinical practice committee of a large acute NHS Trust.


Ben is a regular speaker at conferences nationwide and often provides training, in person and online.

A Practical Guide to the Law of Deprivation of Liberty

Gifting during one's lifetime is not uncommon. It is not unusual for those who are financially comfortable to gift monies or assets they own to their children or loved ones to assist them, particularly in times of hardship and it is their prerogative to do so. However, the situation changes when someone starts losing or has lost capacity. How does one tackle gifting in this scenario?


'Court of Protection: A Practical Guide to Gifting' will take the reader through the relevant statutory principles and case law and:

introduce the relevant capacity which one is required to have to make a gift and the legal test used to determine capacity;
remind attorneys and deputies of the gifts which they are authorised to make;
highlight the ramifications of making an unauthorised gift;
provide practitioners with a checklist of the key points to consider before making an application to the Court of Protection;
explain the procedure involved in preparing such an application.




ABOUT THE AUTHOR


Mitra Mann is a specialist litigator in Contentious Probate and Court of Protection matters. She deals with cases involving Will disputes, claims for reasonable financial provisions from an estate, professional negligence, restoring a vulnerable person's estate and a range of Court of Protection applications.


Mitra is particularly passionate about protecting vulnerable adults. She is a trained Dementia Friends Champion dedicated to raising awareness of mental capacity issues locally and nationally. One way of preventing financial abuse, whether done intentionally or unintentionally, is to share information with other professionals, carers, financial advisers, attorneys and deputies and to that end, Mitra has written articles and delivered webinars and seminars in several Court of Protection practice areas.

A Practical Guide to Gifting

Court of Protection

Medical Law in Ireland

Social Histories of Medicine

This book examines the role of civil law in determining mental capacity over a five hundred year period in England and in New Jersey.

This book examines the role of civil law in determining mental capacity over a five hundred year period in England and in New Jersey. -- .

A Transatlantic History of English Civil Law and Lunacy

Madness on Trial

An Introduction to Health and Welfare Disputes involving High Net Worth Individuals

This unique text is an accessible and practical guide addressing legal and related issues stemming from the deprivation of liberty of children and young people. It provides a roadmap to the deprivation of liberty of children and young people, from initially identifying that a child or young person may be deprived of their liberty or that a deprivation of liberty may be required, through to taking an application to court and the course of proceedings. This includes the scope of the Family Court, the Court of Protection and the Family Division of the High Court. This title: - Defines a deprivation of liberty, considering how this may look for both children and young people (under 16s and 16 and 17 year olds) - Explores how a deprivation of liberty may be authorised, including the different statutory schemes and courts - Considers the intersection with care proceedings and the interplay between deprivations of liberty and the Children Act 1989 - Explains the different placement types for children and young people including placements outside of the jurisdiction - Provides practical guidance on the transition of children into adulthood - Includes case law summaries The book unpacks the complicated and convoluted issues surrounding this challenging area of law, and in doing so, supports advocates, practitioners, parents, family and carers who are involved in the lives of children and young people who are deprived of their liberty. This title is also available within Bloomsbury Professional's Family Law online service.

This unique text is an accessible and practical guide addressing legal and related issues stemming from the deprivation of liberty of children and young people. 

It provides a roadmap to the deprivation of liberty of children and young people, from initially identifying that a child or young person may be deprived of their liberty or that a deprivation of liberty may be required, through to taking an application to court and the course of proceedings. This includes the scope of the Family Court, the Court of Protection and the Family Division of the High Court. 

This title: 

- Defines a deprivation of liberty, considering how this may look for both children and young people (under 16s and 16 and 17 year olds)
- Explores how a deprivation of liberty may be authorised, including the different statutory schemes and courts
- Considers the intersection with care proceedings and the interplay between deprivations of liberty and the Children Act 1989
- Explains the different placement types for children and young people including placements outside of the jurisdiction
- Provides practical guidance on the transition of children into adulthood
- Includes case law summaries

The book unpacks the complicated and convoluted issues surrounding this challenging area of law, and in doing so, supports advocates, practitioners, parents, family and carers who are involved in the lives of children and young people who are deprived of their liberty.

This title is also available within Bloomsbury Professional's Family Law online service.

The Deprivation of Liberty of Children and Young People

Most public service jobs require interpersonal contact that is either face-to-face or voice-to-voice. This book focuses on this emotional labor and what it takes to perform it. It contains stories from the trenches gleaned through interviews, focus groups, and survey data.

Most public service jobs require interpersonal contact that is either face-to-face or voice-to-voice. This book focuses on this emotional labor and what it takes to perform it. It contains stories from the trenches gleaned through interviews, focus groups, and survey data.

Putting the Service in Public Service

Emotional Labor

The Mental Capacity Act (2005) provides health and legal professionals with an academic framework to assess and evaluate an individual’s ability to make a decision, but in practice, mental capacity assessments are often misunderstood and poorly conducted.
Grandpa on a Skateboard is a practical book for health and legal professionals that uses real-life case studies and provides clear, jargon-free guidance to simplify and explain the assessment process.
It has helped thousands of practitioners understand and improve their assessments of mental capacity. This fully updated third edition also covers ‘virtual’ assessments using video conferencing tools and how to deal with fluctuating mental capacity.
This book will:
• Cut through the jargon and clarify the assessment process
• Give you the confidence and ability to conduct robust assessments
• Show how to set the threshold of understanding that is necessary for every assessment
• Enable you to record your assessments appropriately so they stand up to legal scrutiny
• Help you achieve the optimum outcome for those in your charge

The practicalities of assessing mental capacity and unwise decisions

Grandpa on a Skateboard

This book argues that suicidal people have the right to receive treatment and for reasonable steps to be taken that they are protected from killing themselves. Those suffering threats to life from mental health issues deserve the same protection as those who face threats to life from ill health or violence from others. The book explores the ethical and legal case for giving those beset with suicidal thoughts the treatment they need and for reasonable steps to be taken to prevent them attempting suicide.

Debates around suicide tend to be dominated by cases involving those with terminal medical conditions seeking assisted dying. But of those wishing to die, it is far more common to find middle aged men and young people oppressed by mental health and personal problems. Too often the woeful failure in the funding of mental health services in the UK means that suicidal people are denied the support and help they desperately need. This ground-breaking book makes the legal and ethical case for recognising that the state and public authorities have a duty to provide and implement an effective suicide prevention strategy.

The Right to Be Protected from Committing Suicide

Most public service jobs require interpersonal contact that is either face-to-face or voice-to-voice - relational work that goes beyond testable job skills but is essential for job completion. This unique book focuses on this emotional labor and what it takes to perform it.The authors weave a powerful narrative of stories from the trenches gleaned through interviews, focus groups, and survey data. They go beyond the veneer of service delivery to the real, live, person-to-person interactions that give meaning to public service.For anyone who has ever felt apathetic toward government work, the words of caseworkers, investigators, administrators, attorneys, correctional staff, and 9/11 call-takers all show the human dimension of bureaucratic work and underscore what it means to work "with feeling."

A Practical Guide to Lasting Powers of Attorney

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