You are here

Filter content

Bloomsburry Family law

Private client

Benefits for Disability

Alan Robinson continues his series of articles examining the welfare benefits system by focusing on the basics of two key benefits; Disability Living Allowance and Attendance Allowance.

Paying for Nursing and Residential Care

This is the third and final article in this series based on the unique Survey conducted by Kleinwort Benson Private Bank amongst those with someone in a care home, ie the affairs manager. In this article Derek Wright concludes that a managed solution may ultimately be most effective in paying for care and preserving assets for the next generation.

Forum

Sefton Sefton Metropolitan Borough Council has now decided not to appeal against a decision of the Court of Appeal in July this year. Sefton, which is the only metropolitan authority whose boundaries incorporate a seaside retirement area, has been refusing financial assistance with residential care fees to elderly people with assets above £1500, notwithstanding the £16,000 threshold in the National Assistance (Assessment of Resources) Regulations 1992, below which the regulations say that individuals are no longer liable for the full cost of their care

Charitable Gifts for Elderly Clients

Elderly clients are often more inclined than the younger generation to make charitable gifts in their Wills; the reasons for this are varied. They may have a larger estate with fewer dependents; they often have personal experience of charities e.g., through relatives suffering disease and receiving help from a particular charity. Surviving spouses who are childless may be particularly interested in charitable bequests and the solicitor needs to advise appropriately on the various options and pitfalls. In this article Emma Chamberlain discusses some of the common issues that can arise.

Benefits for the Elderly: State Retirement Pension

The principal state benefit for retirement is the state retirement pension. This is a contributory benefit which is paid at a flat rate. In addition a person may be entitled to additional pension from either the graduated pension scheme or the state earnings related pension scheme (or both), and to income from a private pension; and may be entitled to one or more of the means tested benefits.

Court of Protection Case Report

Denzil Lush, Master of the Court of Protection, summarises a decision of Mr Justice Rattee on switching jurisdictions between the Enduring Powers of Attorney Act and the Mental Health Act

Ingram Part 2: A Dangerous Development

The Ingram decision affects many existing arrangements made with potential inheritance tax savings of millions of pounds. In the second article examining the decision John Newth reflects on the wider implications and the disturbing developments in case law affecting tax planning arrangements.

Availability of Benefits and Access to Funding for Family Carers

This is the second part of an article from Amanda King Jones (See Volume 2, Issue 6 for part). In this issue Amanda summarises a number of different areas of law relating to benefits, funding and welfare rights of private Carers. She looks at the position from the prospective of the carer, in contrast to the elderly client, who is so often the focus of attention and advice.

Ingram Part 1: Inheritance Tax Planning and the family home

The Court of Appeal decision in Ingram and another v Commissioners of Inland Revenue (1997) STC sent shock waves through the tax planning professions, although of course, the case will undoubtedly proceed to the House of Lords. This issue features two articles examining the case. Firstly, Nick Hughes of Williams Jeffrey Barber examines the facts behind the case and provides an alternative solution

Beyond the Sefton Case and Others

Client Care Updated for Solicitors and other Professional Advisers Richard Peel, Client Relations officer at the Office for the Supervision of Solicitors examines the important client care techniques that are vital not to ensure satisfaction amongst an increasingly demanding client base. He goes on to examine why client care is especially important for those dealing with the elderly and how crucial it is to keep all clients fully informed at every stage.

Pages

Opsray