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Bloomsburry Family law

Practice area

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.

Care, consent and competence

Many legal advisers who have older clients exercise substituted decision making powers, either as attorneys under enduring powers, or as receivers. These powers do not, however, enable decisions about medical or personal care to be made by attorneys or receivers in respect of individuals who lack mental capacity. Where such decisions have to be made - sometimes as a matter of life and death, sometimes as a matter of day to day management - the law is often misunderstood.

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