denotes premium content | Jan 9 2009 Elderly Client Adviser archive
Volume 5 Issue 1
Features
Benefit Options for Carers
The welfare benefits system is now so complex that claimants will not infrequently be presented with more than one option. Although the wrong choice may involve loss of income, the Benefits Agency is no longer able to give specific advice on a better off problem. Advice lines, such as the disability advice line (0800 882200) provide general advice about claiming, but do not purport to assist individuals. If the wrong benefit is claimed there is no guarantee that the claimant will ever subsequently be put on the right track.
Case Law Update
Cox-v-Hockenhull (1999) 3 AER 577
This case concerned the calculation of damages under the Fatal Accidents Act in a situation where the plaintiff was financially dependent on state benefits paid in respect of his late wifes disabilities. She was killed in a road traffic accident, which was entirely the fault of the defendant
Disputes Between Personal Representatives
Situations of Conflict
It is impossible to give an exhaustive list of situations in which personal representatives may find themselves at odds with each other but the following situations are typical :
Enduring Powers of Attorney: Guidelines for Solicitors, September 1999
The Mental Health and Disability Sub-Committee of the Law Society has just published an update on its previous (1996) guidelines for solicitors. It contains a number of additions to the original guidelines which focus, almost exclusively, on the scope for abuse offered by EPAs in respect of vulnerable clients. Para 3.1 states: Many EPAs are made when the donors are already losing capacity, consequently they could be unaware of the implications of their actions and are more likely to be vulnerable to exploitation.
Mental Incapacity: New Millennium:New Law?
A report on the joint conference of The Law Society, The Mental Health Act Commission and The Royal College of Psychiatry.
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 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 Alzheimers Society, the new name of the former Alzheimer's Disease Society supported the launch of the group by distributing information packs
The Welfare Reform and Pensions Bill 1999
The next stage in the Government’s reform of Social Security is to be found in the Welfare Reform and Pensions Bill which is about to complete its passage through Parliament. There are four main issues which are likely to be of interest to readers of this publication
Understanding dementia
In the UK dementia currently affects 5% of those aged 65 and over and this figure rises to 20% for the over 80s. The department of health has estimated that by 2040 there will be over 1.2 million people aged over 65 with dementia
Will drafting and execution: some cases to remember.
There have been a spate of cases on Wills recently which it will repay the busy practitioner to study carefully. Some relate to the negligence of solicitors in preparing the Will and ensuring it is executed properly. Others concern the enforceability of Wills against disappointed beneficiaries. This article is merely a brief summary of a few recent cases.
