Many local authorities and other organisations struggle with the law concerning the creation of tenancy agreements for those lacking mental capacity. A number of court judgments have illustrated the common problems faced by staff, and the consequences of unlawful tenancy agreements. This course will consider how staff should assess mental capacity in relation to tenancy agreements and the key case law in this area. It will also consider the legal validity of tenancy agreements signed by, or on behalf of, those lacking capacity; and when people lacking capacity may be placed without a tenancy agreement being in place. Delegates will be provided with examples of when
applications to the Court of Protection may be required and the practical procedures relating to this. The role of attorneys and deputies, in relation to tenancy agreements, will also be discussed.
The day will include the following key topics:
– Mental capacity assessments – overview and in relation to tenancy agreements
– Best interests assessments – overview and in relation to tenancy agreements
– Accepting and signing a tenancy agreement on behalf of those lacking capacity
– Defining a tenancy agreement
– Lasting Powers of Attorney & Deputies
– Case law – supported living
– Court of Protection – when to make an application
– Court of Protection – bulk applications, forms and practical matters
Exercises will consolidate the learning process and allow delegates to explore the subject matter in more depth.
The course will be delivered by Aasya Mughal
Aasya is a barrister and director of Edge. She has provided legal representation for individuals and businesses in civil law matters in the county courts including landlord and tenant proceedings. She also has previously gained considerable experience as an in-patient advocate, working with detained patients on a number of mental health wards and has appeared before the Court of Protection in this role.
She is co-author of three books, an App and three wall charts on the Mental Health Act, Mental Capacity Act and DoLS used by local authorities, hospitals, universities and lawyers. She has also provided legal information and advice to the public on human rights law through the organisation Liberty on a pro bono basis.
Includes all course materials, certificate and refreshments. Places are limited so early booking is recommended.
If you have any queries, please do not hesitate to email firstname.lastname@example.org or call 07341 277487.
Throughout 30 years of police work, I cannot remember a day’s course that was so entertaining and informative.
Clear concise presentation delivered with passion!
Excellent presenter- Clear, concise and relevant