Course outline

Capacity issues and Court of Protection developments continue to play a significant role in private client practice, with recent cases offering important guidance on best interests decision-making, LPA validity, attorney and deputy conduct, and the court’s expectations around costs and compliance. This session will provide a practical update on the key decisions and procedural developments practitioners need to be aware of in 2026, highlighting common pitfalls, areas attracting judicial criticism, and emerging trends in the management of vulnerable clients and their affairs.

Alongside case law and compliance themes, the session will explore practical questions around assessing capacity in everyday practice, including when to seek a formal assessment, how to approach fluctuating capacity, and how to document professional judgment effectively. It will also consider the impact of a loss of capacity by trustees, attorneys or donors, outlining the steps required to regularise arrangements and ensure decisions remain valid. Using realistic examples and practical guidance, the session aims to give practitioners increased confidence in navigating the intersection of capacity, decision-making responsibilities and Court of Protection processes.

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Feedback from Holly Chantler’s previous session

• Really clear speaker & all very relevant content.
• It was interactive and gave us an opportunity to discuss openly the topics in the course.
• Content was very detailed.
• Very helpful, clean & appropriate.

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Speaker