Craig Ward

Craig Ward is a solicitor, writer and mediator. He has an MSc in applied research from King's College London, a BA(Hons) in Psychology. He is currently a visiting research fellow at King's College London. Craig is a member of Solicitors For the Elderly and the British Psychological Society.

He is currently updating his Lasting Powers of Attorney book and writing a business law book.

Visit Craig's website at www.cragglesresearch.com

Legal Research

Making one or both Lasting Powers of Attorney (September 2012)

(Published in Back to Basics: Lasting Powers of Attorney 2012, Private Client, November 2012) A review of 20 practitioners experiences of creating LPA's found some discrepancies between

practices and advice.

They commented; about 90% of clients make both types of LPA. Many clients do not consider Health and Welfare LPA's necessary. Some said price is a factor in making both LPA's. There also is still a client belief their next of kin may make treatment decisions. Practitioners did however consider they should advise on both types of LPA otherwise this may be negligent.

Mediation with Vulnerable Adults (October 2012)

In 2012, 50 UK litigation solicitors were asked their views on elder mediation. The majority favouring mediation, with small reservations where one party lacked sufficient capacity. Their main concerns being who is supporting the person lacking capacity. Solicitors commented how elderly clients favour being in control, with mediation offering more creative and practical solutions. Concerns were raised about access to mediators and the courts views of mediation.

Should Solicitors be Assessing Capacity (2011)

(Published as Can Practitioners spot a Client who lacks capacity? Private Client Adviser,

December 2011/January 2012, Vol 17:2)

In 2011, 100 solicitors were asked:

* Is there a difference between mental capacity and testamentary capacity?

* Do you think solicitors should be assessing a client's capacity to sign a document?

* Do you think solicitors should receive training in making capacity assessments on their LPC?

The survey showed the majority of respondents favoured solicitors making capacity assessments. With most respondents already working within the parameters of the SRA regulations and making appropriate GP referrals. A small percentage indicated solicitors should not be assessing capacity. Training was seen as a key feature.

Mediation at the Court of Protection (2009)



(Published in Lasting Powers of Attorney: A Practical Guide (2nd Edition) (2011) The Law Society)

In 2009, 74 solicitors and 26 non-solicitors were asked if mediation would be suitable at the Court of Protection. The overall conclusions were, mediation was suitable, being likely to benefit elderly clients and be less stressful.

Articles

Back to Basics: Lasting Powers of Attorney 2012, Private Client, November 2012 Managing a Resident Transfer, Caring Times, February 2012

Can Practitioners spot a Client who lacks capacity? Private Client Adviser, December 2011/ January 2012 (Vol 17:2)

Opportunities Legal Update weekly publication (from October 2009 to August 2011)

Consulting on Talent The Psychologist, Vol 22 Pt 3 (Mar 2009) The British Psychological Society Restraint or Deprivation of Liberty in Disguise? Elderly Client Adviser March/April 2009 (Vol 14:3)

Leisure activities

Craig enjoys walking, photography, flute playing and diving.