CURRENT CAPACITY ISSUES IN PRACTICE

4th March 2013

The Shelbourne Hotel St. Stephen’s Green Dublin 2

This seminar will deal with the current difficulties facing solicitors dealing with capacity issues inpractice and will offer practical advice and guidance.

Jim Finn, Registrar of the Wards of Court and will present a paper on wardship applications.

Anne Stephenson’s paper Capacity – A Variable Concept will address: Capacity; Wills and EPA’s - Our Duty of Care; aging population, increase in need for consideration of capacity; Law Society recommendations regarding a consideration of capacity; Mental capacity – the outcome, status or functional approach; New element for test for testamentary capacity – Key v Key case; Capacity for EPA’s; Precedent letters to doctors and taking instructions where client ill, elderly or there is doubt of capacity with precedent instructions sheet.

Áine Hynes will address recent cases concerning capacity and medical treatment and how the courts are approaching substituted decision making.

Jim Finn has 30 years experience in the Courts Service. He has worked in a number of front line court offices as well as in administrative and support areas in the Service. He has worked in the Probate Office, the Office of the Accountant of Courts of Justice and the Circuit and District Courts Directorate. Jim is a barrister and was Examiner of the High Court before being appointed Registrar of Wards of Court in April 2010.

Anne Stephenson is Principal of Stephenson Solicitors. She is a member of STEP, the DSBA Probate and Taxation Committee and Mental Health and Capacity Committee, the Probate Liaison Committee and the Law Society’s Probate Administration and Trust Committee and is vice-Chairperson of the Committee of the Solicitors for the Elderly. She lectures, examines and tutors on the Law Society's Professional Courses on the Wills Trusts, Probate, Tax Planning and Conveyancing Modules and on the STEP Diploma in Wills, Trust & Estate Planning. She also lectures on the Law Society's CLE Courses, and to the DSBA and numerous other professional bodies. She is the co author of the OUP Manual on "Wills Probate and Estates" 3rd Edition 2011, and the OUP Manual on Conveyancing Volumes 1 & 2, 5th Edition 2010 and the co-author of OUP Manual on Capital Taxation 2nd edition. She is a contributor to “Irish Conveyancing Precedents”.

Conference Information

Date: 4th March 2013
Time: 2.30 – 5.00 pm
Location: The Shelbourne Hotel, St. Stephen’s Green, Dublin 2

Fees: € 150.00 Member, € 245.00 Non Member (inc. DSBA Membership for 2013)€ 95.00 Trainees in a Members Firm Registration: 2.00pm

2.30pm Opening Address
Presentations followed by questions and answers Tea and Coffee served during the interval

5.00pm Conclusion CPD: 2 1⁄2 hours Group Study

Click here for registration document