Elderly Client Adviser archive
Volume 10 Issue 6
Editor's foreword
The general reports on hurricane Katrina have been depressing enough, but what of the impact on older people?
The body count began after a delay of six days. The ‘Homeland Security Secretary’ Michael Chertoff said that the search was going to be “about as ugly a scene as I think you can imagine”.
Perhaps rather surprisingly the nursing homes of
At one nursing home, St Rita’s, 31 out of 80 residents died before being rescued. That’s nearly 40 per cent fatalities. We have also heard reports of care-home owners being prosecuted for murder through negligence – not very comforting.
An elderly lady was reported as having plaintively called her son every day from St Bernard’s home asking, “Are you coming son? Is somebody coming?”. NBC reported she was finally drowned on the fifth day after the flood. The Parish priest declared that “bureaucracy has committed murder here in the greater
There were, it seems, many ambulances and coaches available, even 100 surgeons and paramedics with a state-of-the-art mobile hospital “stuck in rural
Such cases suggest death by bureaucracy. This all seems in stark contrast to the efforts made in floods and disasters affecting the
On the bright side, according to the
David Coldrick
Editor
david.coldrick@wrigleys.co.uk
Features
Extending working life to ease the pension crisis
If one thing is certain about the so-called looming problem of an ageing population (other than death and taxes) it is that a major part of the solution will be found in extending working life. Contrary to the popular impression, there is no direct connection between living longer and spending the extra years in ill health.
Property sales under EPAs
Most ECA readers will have elderly or other vulnerable clients who need to sell their home and move into more suitable accommodation. Barrister Richard Dew considers some important will-related issues surrounding the sale of property under an enduring power of attorney. He flags up a significant difference between the case law on ademption in England and Wales and in Queensland Australia. It may place the attorney and their legal adviser in a quandary.
Sexuality and the law
The Civil Partnership Act 2004 (the Act) sets out a framework for the legal recognition of same-sex couples. The Act became law on 18 November 2004, but its provisions will only be brought into force and have effect from 5 December 2005.
Pensions A-Day countdown
Following on from John Dunseaths article in the May/June issue of ECA, James Bedingfield of Rensburg Investment Management takes another look at the impending impact of A-Day, and provides a clear summary of the changes that the legislation will bring.
ECA course: Protecting the interests of older clients
David Coldrick, partner at Wrigleys Solicitors, continues his examination of the disregards relating to the family home. Capital that is disregarded is not taken into account by local authorities in respect of the cost of long-term care applicable to a resident.
Of courts and capacity
We have a new Mental Capacity Act that will hit us soon and which will introduce much needed development on the wide-ranging procedures needed to benefit our client group, but this article is not about that. Rather, it is a personal reflection on the more mundane changes that have always gone on in the background, yet directly affect the client group, their families and legal advisers but, importantly, set within a background of the development of the law relating to persons who are incapable of managing their property and affairs.
Office of Fair Trading report into care homes
Pauline Thompson of Age Concern considers the governments response to the OFT study on the care-home sector.
Sponsored column: The search for beneficiaries
We were contacted by one of our American agents with a specific request to find a Mr Hank, a named trust beneficiary who was entitled to $35,000, but whose current whereabouts were unknown. They believed he was in Sweden in 1982 and needed to locate him. He was quite elderly, and it was entirely possible that he would already be deceased.
Regulars
denotes premium content | Nov 21 2008 


















