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Bloomsburry Family law

Vulnerable Clients

Financial Implications

Ian McNeill of Help the Aged briefly summarises the SEFTON case putting it in a more political context and provides his interpretation of the likely financial implications.

Court of Protection: Case Reports

Enduring power of attorney ''Capacity Solicitor receiving instructions from a third party''. Seeing the client alone ''Need for contemporaneous medical evidence''. Reading the explanatory information in Part A of the prescribed form ''questions susceptible to the answers Yes or No'' Capacity to revoke an enduring power.

Going into Residential Care: Enabling your clients to make the best possible choice

Clients entering into the residential and nursing care maze are often faced with a bewildering number of options and the availability of clear cut objective advice is often the last issue to be considered. They can therefore be pressurised both by their families and by social services, into making an inappropriate decision. Advance planning to put the paperwork in place and also to take necessary financial decisions is not always possible, but as previous articles in ECA by Ken Hart and Philip Spiers have indicated, there can be ways through the financial issues even at the last minute. However, making the wrong decision about the care options available is not always surmountable for the frail elderly client.

FORUM: Countdown for Carers

It is starting to look as if April 1 is going to be an important watershed for those who care for an elderly friend or relative. The Government is tightening up the rules that currently allow a carer to back date claims for state help. At present, a carer can back date a claim for state help for up to 12 months. From April 1, however, the maximum any claim can be back dated becomes 3 months. While the Government envisages that this will save £55m a year, the prospects for carers themselves appear to be less rosy.

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