You are here

Filter content

Bloomsburry Family law

Private client

STATUTORY WILLS - A CASE STUDY

Mrs Jones, as part of her retirement planning, granted an enduring power of attorney to her nephew, Roger. Unfortunately, her mental faculties subsequently deteriorated and Roger, in complying with his legal duty, registered the enduring power with the Court of Protection. As time went on, Mrs Jones found it hard to manage living on her own and so moved into The Elms residential home.

Prefunded long term care insurance

To begin with long term care insurance is a concept rather than a specific product. It can most easily be defined as a financial solution to help meet the cost of prolonged non acute nursing needed in the event of a chronic disability.

IN BRIEF

Legal, Financial and Political Developments Affecting the Elderly Withdrawal of medical treatment

Caring Matters A Set of Guidelines

An increasing proportion of the population is living longer and is likely at some time to need assistance with managing financial affairs or personal care. How can you as an adviser enable potential clients to feel confident in your skills and reassured by your experience in dealing with legal aspects of long term care?

With Respect to Old Age

The main recommendation of the Royal Commission, that the cost of long term health and personal care for older people ought to be met by the taxpayer, could not have taken the Government by surprise. The research evidence was well known before the Royal Commission started work. It concludes that the great majority of the public, irrespective of age, wealth or political preference, feel that the provision of a basic level of long term care should be a public responsibility.

In Practice

The Report of the Royal Commission on Long Term Care states that the current system for funding residential care is particularly characterised by complexity and unfairness in the way it operates.

Trusteeship Liability and Protection

The aim of this article is to examine the protections available to trustees for breach of trust, and in particular trustee exemption and indemnity clauses, in the light of recent case law. Exemption clauses will generally exonerate the trustee from the consequences of certain actions so he is not liable at all; an indemnity clause will indemnify the trustee from such actions so that even if he is liable he can claim reimbursement. Indemnity clauses may allow the trustee to claim from the fund itself or (particularly where the fund is being wound up), seek indemnity from beneficiaries.

Making an E.P.A is easy or is it?

It seems such a harmless document, a doublesided A4 sheet, with easy gaps to fill in, for the Donor to sign and to be put away in a strong room. Never has such a harmless looking piece of paper had a time bomb ticking away on it. It is necessary for every practitioner, not just those dealing with the elderly, to be aware of the dos, dont and dangers. It is so easy to be distracted, in a rush, eager to please the client, delegate the task to a junior member of staff, but at all times we must remember we are consulted for advice and guidance, not just to fill in a form. The aim of this article is to provide a checklist of steps to be taken when obtaining instructions and preparing Enduring Powers of Attorney and some practical tips.

Pages

Opsray