Solicitors for the elderly - Elderly Client Adviser

Feature

posted 1 Nov 1999 in Volume 5 Issue 1

Solicitors for the elderly

THE FIRST NATIONAL CONFERENCE
Nearly one hundred lawyers convened for the first national conference of the new interest group, Solicitors for the Elderly on the 18th October at London's Shaw Park Plaza hotel. After months of hard work by a dedicated steering committee, the conference got under way with an introduction by the Chair, Anne Edis, senior solicitor with Leicester City Council. Miss Edis thanked all those that had supported the conference, in particular PPP and Scandia Life, the sponsors and Nick Hussey from the Ark group who gave enormous practical assistance to the organisers. The Alzheimer's Society, the new name of the former Alzheimer's Disease Society supported the launch of the group by distributing information packs.

Solicitors for the Elderly was established after a number of committed lawyers got together and decided that there was a need for an interest group, comprising solicitors, barristersand also experienced legal executives and clerks who strive to provide high quality legal services for older people, their families and carers.

The group aims to provide quality legal training designed specifically to address the needs of its members and to establish best practices thereby providing a basis for benchmarking services and creating marketing opportunities for its members.

Many practitioners feel isolated advising in an area of law that has so many variables and uncertainties and it is believed that members will benefit from the networking opportunities, particularly in the regional groups which are being established.

Popular speaker, Margaret Richards spoke of the need for practitioners to develop their knowledge and understanding of public and private law, and public finances in relation to advising the older client. She went on to express how important it is for practitioners to understand how decisions are made by both local and health authorities and to have knowledge of local eligibility criteria. Recent cases highlighted the inadequacies of independent complaint options for service users. Margaret went on to explain how essential it is to negotiate to try and resolve disputes by communicating effectively, rather than going down the route of judicial review.

Julia Abrey, partner with London firm, Withers, gave an interesting and stimulating talk on living wills. She explored the evolution of living wills in this country up to the current legal position and gave some useful tips on drafting and the practicalities of implementation. She set this against the British Medical Association's guidance on withholding and withdrawing life prolonging medical treatment, which was issued in July of this year.

With over 35,000 living wills having been prepared via the Terrence Higgins Trust, it is an area which is likely to have an increased impact on the elderly client practitioner.

Public law solicitor Nicola Mackintosh who is a partner with London firm, Mackintosh Duncan gave first hand experience of her involvement in the case of R v North and East Devon Health Authority ex. parte Coughlan, which was heard in the Court of Appeal in July this year. She set the scene by explaining the historical background of social and health care provided in this country. She further explained the background of the case, including arguments raised but not reported, and the future implications of the decision on long term care. The case clearly does not resolve the boundary issue once and for all and it is likely that more cases will follow to clarify matters. Indeed, Nicola believes that 'Coughlan 2' may be necessary.

Tish Hanifan, barrister and Director of Training for IFACare, spoke of the need for practitioners to be aware of when long term care should be the responsibility of the National Health Service and where the care needs are to be met by the local authority. Miss Hanifan spoke of the problems associated with clients using up their capital to pay for their care and then subsequently seeking local authority financial assistance and with it the lack of a true choice of home.

Caroline Bielanska, solicitor with Longmores, explored some of the common conflicts and dilemmas of advising clients on the gifting of the family home. She highlighted the need for practitioners to address the issue of conflict of interest or run the risks of other members of the donors' family or disappointed beneficiaries under a will making accusations at a later date that the gift was induced by fraud coercion or undue influence. She went on to highlight the duties and responsibilities imposed on the practitioner in advising the client on the gifting of property.

The conference was the forum for the inaugural AGM of Solicitors for the Elderly. Anne, put forward the constitution for approval, which was accepted. Those eligible for full membership include members of the legal profession who are substantially engaged in providing high quality legal services for older people, their family and carers. Any person who does not have relevant experience or is not substantially engaged in providing such service can become an associate member. It is hoped that with the groups' commitment to training, that associate members will be able to move swiftly on to becoming a full member and with it gain the benefit of marketing opportunities.

It was agreed that the current steering committee will continue in their present posts for this year and that the group's first elections will take place next year.

Anne went on to confirm the group's intention to establish a website, a regular newsletter and generic marketing materials. The National Academy of Elder Law Attorneys in the US have an interesting media information pack on which SFE could base some of its own publicity materials.

A large number of the delegates confirmed their interest in establishing regional groups. The talents of practitioners with marketing and IT knowledge were embraced and many delegates have now joined the sub- committees, which have been set up.

Feed back from those in attendance has been extremely positive. Many delegates expressed enthusiasm, with comments of 'the best conference attended for ages' and conveyed thanks and gratitude for progressing the group to its formal status. Without a doubt SFE is a group that is needed and will grow from strength to strength.

Any one wishing to have more information about the group can contact Caroline Bielanska at Longmores Castle Street Hertford SG14 1HP or telephone her on 01992 300333