Alex Cisneros

Alex Cisneros is a specialist public law and private client barrister. He has experience handling significant contentious and non-contentious matters with a particular emphasis on mental capacity.

In his spare time, Alex sits as a Member of the Beckmead Family of SEN Schools. In 2018, Alex was appointed a Bar Council social mobility advocate, a role that he is proud of.

Expertise

Alex practises in both the property/financial affairs health/welfare jurisdictions of the court. He acts regularly for the Official Solicitor, the Office of the Public Guardian, local authorities, CCGs and family members.

Health and welfare

Alex is ranked in Chambers & Partners and BestLawyers for his Court of Protection practice. He acts regularly in complex welfare proceedings and in cases involving deprivations of liberty.

Alex is currently completely a part-time PhD under the supervision of Professor Rosie Harding. His research focuses on the impact of the Liberty Protection Safeguards for vulnerable people.

Property and affairs

Alex has been involved in two guidance cases involving the operation of deputyship and lasting powers of attorney in England and Wales. He regularly represents the Office of the Public Guardian and advises in cases involving the scope of the role of a financial deputy, lasting powers of attorney; statutory wills and financial abuse.

Alex also has experience of advising internationally about deputyship, powers of attorney and other cross jurisdictional mental capacity disputes. He has advised overseas dependencies and crown dependencies about their mental health and mental capacity legislation. He is also an Associate Fellow of the Royal Commonwealth Society and contributes to discussions about mental health legislation in Commonwealth member states.

Notable Court of Protection cases


MM v A City Council [2021] EWCOP 62

A reported case before the Court of Protection, in which the Court investigated an unusual situation involving restrictions imposed on a young man at serious risk of offending.

AA v London Borough of Southwark [2021] EWCA Civ 512

A Court of Appeal case giving authoritative guidance on the approach required of Court of Protection judges under Article 6 of ECHR when considering excluding a party from proceedings.

Re Various Lasting Powers of Attorney [2019] EWCOP 40

Case involving Lasting Power of Attorney instruments that purport to give the attorney(s) the power to provide financial assistance and maintenance to a person other than the donor. The case is intended to provide guidance for future LPAs.

Office of the Public Guardian v PGO & Ors, Re: BGO [2019] EWCOP 13

Guidance on the validity of Lasting Power of Attorney instruments and when they can be treated as being in their prescribed form.

Office of the Public Guardian v SDL & Ors [2019] (COP)

Guidance case clarifying the requirements for the creation of a lasting power of attorney in relation to the identity of a certificate provider.

Alex has particular experience of advising in relation to end of life planning involving wills and lasting powers of attorney.

Examples of recent work includes:
• Making claims for financial provision under the Inheritance (Provision for Family and Dependents) Act 1975;
• The administration of estates; and
• Disputed wills, particularly where the testator’s mental capacity is in question.

 

Alex has experience of public law cases in various tribunals, the High Court and the Court of Appeal. His public law work largely involves:

– Mental capacity
– Education law
– Prison law

Alex is a member of the C Panel of the Attorney General’s Panel of Junior Counsel to the Crown.

As well as tribunal/ court work, Alex also has experience of advising the Ministry of Justice, the Foreign, Commonwealth & Development Office, the Office of Qualifications and Examination Regulation and the Department of Education in relation to various public law and policy matters.

Notable Public Law cases


Kousar & Ors v Secretary of State for the Home Department [2018] EWCA Civ 2462

Junior Counsel in this Court of Appeal case seeking an extension of the principles established in the earlier immigration case of Basnet.

Related updates

Alex Cisneros is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

"He's very quick, bright and turns work around very quickly."

Court of Protection: Health & Welfare, Chambers & Partners 2022

"He has amazing technical ability as well as a warm and friendly persona when dealing with clients."

Court of Protection: Health & Welfare, Chambers & Partners 2022

To find out more, contact Paul Barton on +44 (0)20 7427 4907 for a confidential discussion.

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