Elderly Clients: A Personal View

On the eve of her transfer from private practice to local authority law, Anne Edis takes the opportunity to reflect on a wide variety of issues relating to elderly clients.
It is a personal reflection on a number of years dealing with the elderly and the problems they face.

The ensuing article is a personal reflection on practice management for the elderly as the writer leaves private practice to enter local government. Hopefully it will strike some chords and highlight: some of the issues which need to be addressed by practitioners.

Are older clients any different from our other clients? The answer must be no but their requirements are and in meeting these we may well be delivering a better service to our other clients.

Radical social change in the last five years has affected this group of clients more than any other. They are also one group of clients who are increasing in numbers and a group whose needs are not always well served by those who purport to provide advice and services. Age may not give rise to incapacity but that is an issue which may Have to be faced. The main thrust of this argument is therefore that clients will need to forward plan for a longer period than some have considered previously. Early retirement means that income and capital may have to be spread out over a longer period. Estate planning hitherto undertaken for wealthier clients now has a relevance for younger clients if their lifestyle is to be maintained.

'The major change which has emerged since 1993 is the requirement that all who Seek long term care will be expected to contribute to the cost of that care. This change when tied in with other major changes in personal circumstances means that there is a. need for balanced overall advice. The eighties and the nineties have seen the growth of private and occupational pensions; changes in the structure of SERPS; the growth of tax free savings schemes; growth in property ownership. All of these factors homing in upon increasing numbers of older clients.

Redundancy and early retirement mean that many of our clients will have access to capital sums which need to be managed well in order to maintain lifestyles and to maximise tax efficiency. Moreover such clients will need to be advised on a regular basis. Many will be articulate and have some understanding of their long term needs as they will often have been involved in managing their elderly relatives' affairs. So the issue of forward planning will often he received with open arms.

What then emerges for the professional adviser? First and foremost is to highlight why the client wants to do what he proposes and also whether those proposals are viable in terms of the assets held. Clients often have unrealistic ideas of the value of what they own and what they can achieve with those assets. Many clients have hazy ideas about what they can and cannot do with their assets. Myth and folklore abound often muddling tax and long term care issues. Although writing this article with a pending budget does seem to be presumptuous. Clients and their families often see only one issue and not the overall reality!

Many clients will not understand the effect of some of the proposals they put forward looking to leave an inheritance for their family rather than considering their own lifestyle. How many elderly widows change their minds about gifts to their children when they realise that if such gifts are made they will need to ask their children for help or that gifting the. house may render them homeless Asset protection has been discussed in previous articles but it seems to the writer that whilst that may be appropriate. in some circumstances, it is only relevant when taken in the context o f the clients needs. A controversial standpoint? Possibly.

Our older clients will not thank us if we do not highlight the problems as well as the solutions. We: need to be able and prepared to give unpopular advice. More significantly we need to make sure that our clients do not leave planning to late. Most do and then the solutions are less easy.

Professionally in this area of work we have more potential of professional conflicts arising, since the inter-generation issues are more likely to arise. Children often want their inheritance now, regardless of their parents needs. Parents wish to benefit their children. Many clients see the two as irreconcilable. As adviser we can show that this is not so.

By tailoring advice for each individual client and looking at their overall situation it is often possible to reconcile long term parental needs with those of cascading wealth down the generations. The panic to protect assets from long term care costs is often misconceived. The greater risk is from precipitate asset disposal to the family rather than paying for care. The reality of this need to be spelt out to the client.

An aspect of practice management which is often overlooked is in having information and fact sheets available to clients which can be made available either before at the first meeting setting out the local situation. Remember the major lessons of Sefton and Gloucestershire have been that it is what happens in the area where your client lives which will be significant to you and your client.

A return to the concept of taking an overall view rather than just dealing with the issue in hand is important. The implications of asking wide ranging and searching questions about the client their assets , their family circumstances and their lifestyle is important. Home visits can reveal a great deal about the client and the reality of their aspirations.

Whilst involving the family in forward planning may be helpful it is important to be sure -that the proposed action is what the older client wants and not what their family thinks best. Cynically best for the family or best for the client? Frail elderly parents may fear forceful children moreover they may be being panicked into action which is inappropriate. The best advice will depend on knowing the client. without this no matter how good the legal knowledge flawed advice may be given.

Practice issues which will also need to be addressed are those which relate to staff and the manner in which advice is offered to the client. In an ideal world all offices would be on the ground floor and would have parking and be on the local bus route! Reality dictates otherwise. What can be done to make the best of the situation? Asking an older client for his or her opinion could just help.

Find out who relates well to these clients and make sure these skills are acknowledged and appreciated. This can be by status, financial reward or equally by support. Working with older clients can be stressful and this should be recognised.

Staff need to be trained in a more formal approach and reception staff may need to be alert to the need to speak slowly and clearly secretaries should he alert to using a larger font or heavier typeface for letters, Access and location need to be demonstrated by a plan or map for clients indicating where necessary public parking.

Questionnaires identifying pre-meeting issues may help. Leaflets to take away may also avoid troublesome telephone calls. For example question and answer packs on Executorship or Enduring Powers of Attorney or Long term care immediately come to mind. ConfrmatoIy letters of instructions ,advice and the implications of the recommended course of action are important and more give the client some points of reference to work from.

The rule 15 letter is particularly important ,older clients often do no consult solicitors because they perceive us as an expensive luxury whereas the reality is that our fee may save substantial monies for them and their family. Moreover they need to be reminded of the independence of the legal profession in giving financial advice. New roles are emerging and it is important that clients are made aware of such services.

On leaving private practice I have regrets as I shall miss the face to face contact with some of the most interesting and supportive clients who for the most part appreciate the services delivered to them. It has been rewarding- to carry out relatively simple legal tasks which have made all the difference. Equally some of the more complex and challenging matters have brought their own satisfaction.

The future? l hope in a different way that can further the interests of the older client and also help to build the bridges to open a forum up for discussion and the mutual benefit of lawyers working in both the public and the private sector in seeking to benefit the elderly client.

As a postscript 1 shall miss afternoon tea, morning coffee and the occasional glass of sherry; conferences with colleagues from all over the country but who knows.

Anne Edis, Senior Solicitor, Leicester City Council