denotes premium content | Jan 8 2009 Elderly Client Adviser archive
Volume 7 Issue 4
As we are all well aware, elderly client law is a complex area demanding an up-to-date knowledge of all the latest legislation. Such legalistic knowledge and foresight, however, is of little use without a core understanding of how to effectively run an elderly client business. This issue of ECA, therefore, takes a look at setting up an elderly client practice, the location and layout of the office and what you should be considering in dealing with the older person.
Elsewhere in this issue, David Coldrick considers the latest revision to spousal financial responsibilities on entry into residential care. It is worrying that the vulnerable might be bamboozled by what appears to be emotional blackmail by local authorities attempting to secure financial payments for the residential care of a partner. However, David writes a reassuring piece emphasising that the revision is not law and that the best advice would be to ‘say nothing and pay nothing’. Let’s hope this advice is spread far and wide!
The controversy also continues surrounding the fee changes at the Public Guardianship Office. Repeated changes in procedures, rules and fees over the last three years have provoked a degree of confusion and, to some extent, bad feeling. How far this will be remedied in the near or distant future is yet to be seen. In the meantime, Martin Terrell continues his analysis of the latest Statutory Instruments and their implications.
All in all, I hope you find this issue of Elderly Client Adviser a particularly thought-provoking one and, of course, please do feel free to contact me at cpoynton@ark-group.com should you wish to offer your comments in response to any of the articles.
Caroline Poynton
Editor
Features
Case digest
Our regular update from the courts...
Implications of the finance bill
The Finance Bill has introduced fewer changes than were anticipated by some practitioners but nevertheless a number of important amendments have been made to existing legislation. Emma Chamberlain, a barrister at 5 Sone Buildings, assesses the main changes that could affect private clients.
Setting up an elderly client practice
Setting up an elderly client practice demands a particular consideration of not only the legal needs, but also the personal needs of the older client. This extends beyond any particular lawyer and the advice he might give, to the setting-up and running of the practice as a whole. Jennifer Margrave, a sole-practitioner, builds on her experience running her own practice to provide some useful tips and advice for the elderly client practitioner in a series of articles beginning with this part one analysis of the office.
Spousal financial responsibilities on entry into residential care: LAC (2002)11
The revision of the mandatory Charging for Residential Accommodation Guide (CRAG) could cause problems as it seems to suggest a new way of making spouses contribute to care fees of their partner entering long-term care. David Coldrick, a partner at Wrigleys solicitors, examines the guidance assessing the real implications of the revision.
The treatment of capital: notional capital
In the third of a series of articles considering the capital rules as they affect benefit claimants, Alan Robinson, a solicitor from Legal and Welfare Rights Training, examines the notional capital rule and the similar rules that apply to income support and to funding of residential care by the local authority. Alan also considers the legal position where one spouse lives in residential care and the home is sold, with all or part of the proceeds being used to purchase another house for the spouse.
