About the Conference
Recovery of Care Home Costs (Scott Blair) - looking at how local authorities can seek to recover care home fees and possible defences for the resident and family. In his presentation Scott will cover the statutory basis for the charging of fees for residential care and will focus on anti-avoidance provisions. He will review Scottish and English caselaw on the application of the provisions and give an overview on when a liability might arise and be enforced, as well as the situations in which the resident and family might avoid liability.
Adults With Incapacity (Adrian Ward, MBE) - the adult incapacity regime as it is now, taking account of the existing human rights scheme: including an update on points that might be relevant (or which courts might expect to be addressed) in various particular circumstances.
Interveners and Estate Management (John Kerrigan) - considering recent (and some not so recent) and very important developments in relation to how far our law has moved inter alia in relation to what is, in essence financial, will making and estate planning and management effected by Interveners under the Adults with Incapacity (Scotland) Act 2000.
Commercial Property as a Pension Fund Investment and Cash Flow Modelling (Peter Nutini and David Melloy)
Two speakers from Ascot Lloyd will discuss the following topical issues -
Commercial Property as a Pension Fund Investment
How does it work? What are the advantages? What are the risks? What about the costs?
Cash Flow Modelling
What is a cash flow model? How does the process work? How can cash flow modelling help cients achieve their financial objectives?
Q&A session at end
Scott Blair - Scott is an advocate with Terra Firma Chambers. His practice focus is public law with an emphasis on local government. He has advised and represented both local authorities and residents and families on care home cost and liability issues as well as wider related matters, such as guardianship.
He is consistently highly rated for his work in public law, human rights and civil liberties, planning and environmental law and licensing law. Chambers 2023 descibes him as "incredibly thorough" and as "one of Scotland's most experienced public law advocates". He is A List Panel Counsel for the Equality and Human Rights Commission and is a Convener of the Mental Health Tribunal for Scotland.
Adrian Ward - Adrian Ward is a recognised national and international expert in adult incapacity law. His books include the current standard Scottish texts on the subject. He has been convener of the Mental Health and Disability Committee of the Law Society of Scotland since 1989. His awards include an MBE for services to the mentally handicapped in Scotland; a lifetime achievement award at the 2014 Scottish Legal Awards; and being made an honorary member of the Law Society of Scotland in 2017.
John Kerrigan - John is a Consultant within the Blackadders Private Client Team and has over 40 years of legal practice experience, 34 of them as a Partner. Currently, John mainly deals with contested Estates and giving Opinions in succession, adults with incapacity, trusts, care and funding for the elderly. He has granted in excess of 900 Opinions.
Peter Nutini - Independent Financial Advisor with Ascot Lloyd
CPD Time : 3.5 Hours
Originally Recorded on 28.3.23
28.3.23 Private Client Half-Day Conference
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