denotes premium content | Dec 4 2008 Elderly Client Adviser archive
Volume 6 Issue 5
Features
Care and welfare of older people:The political and legislative changes ahead
Sacrificing a number of its other clauses after opposition in the House of Lords, the Government got the Health and Social Care Act through before the General Election, so paving the way for free nursing care to be available in nursing homes by October, thus meeting the promise in last summer’s NHS Plan.
Case note - overpayment of benefits
A recent Commissioners Decision (CA/1014/1999) has considered the relative liability of social security appointees and attorneys where an overpayment of benefit is made. This article considers that decision at some length because the clear analysis by the Commissioner (Mr Jacobs) is likely to be of assistance to all those who are acting for others with regard to their benefit claims.
Checklists: The Trustee Delegation Act 1999
The Trustee Delegation Act 1999, which was enacted on 1st March 2000, altered the position for Powers of Attorney. This is particularly relevant to Private Client and Conveyancing Lawyers. The following charts compare the position for Enduring Powers of Attorney, General Powers of Attorney and Trustee Powers of Attorney, before and after the Act, and highlight the problem areas.
Choice of accommodation
The freedom to decide where one lives is usually determined by the individual and is rarely interfered with by the State. This article explores the extent of the individual's right to choose their residential or nursing care, particularly where they are receiving state provision, and expands on some of the important issues raised by Anne Edis in her article on home closure in Volume 6, issue 3 of this Journal.
Equity release – current issues
Equity release products provide a mechanism whereby elderly people owning their own homes can release part or all of the value of their homes (the equity) in order to provide them with either cash or an income (or both).
Look before you leap
The market for home equity release schemes is steadily rising and the chances of an elderly client asking you if the plans are a good idea will increase with it. Whilst it is always advisable to recommend to the client that they should get independent legal and financial advice before taking out an equity release scheme, the adviser should have a basic idea about how the plans work and the factors to be taken into account when deciding which plan is best.
Paying for Nursing Home and Residential Care - NHFA Top Ten Tips
The need for nursing home or residential care often arises when least expected, it could follow a period of hospitalisation, a stroke or an incident at home as a result of gradual deterioration in the ability to be self sufficient. Whatever the reason, most families have very little understanding of our long-term care system and need advice if they are to obtain and maintain the best possible care for their relatives.
Will drafting and potential claims
The purpose of this article is to suggest to will draftsmen certain steps that might be taken in order to reduce the possibility of a 1975 Act claim being made for provision out of the estate of the testator (T). However, it has to be borne in mind that, whatever steps are taken in that regard, there is nothing, other than inability to fund the litigation, that can prevent an eligible applicant from making a claim.
