Editor's foreward

Another year draws rapidly to a close and the obvious question is what have we learnt? An area that has frequently raised its thorny head has been long-term care and non-residential care services. Care homes and home care services have faced a tough year already and, with a growing proportion of older people, there is considerable concern over future resources.

Charging for care services has proved another difficult issue. Local Authorities have long varied their charging policy for domiciliary care according to their own, regional view of ‘reasonable’ charges. Department of Health guidance hopes to remedy this situation by providing a uniform framework for future care. The concern at present is that the guidance, in trying to be fair, will unfortunately become more complicated for advisers and clients.

The House of Lords decision in the Robertson v Fife Council case 25.7.02(2002) UKHL 35, addressed another uncertainty in local authority funding. The case has confirmed that residents who are treated as having notional capital remain the responsibility of the council in the event they are unable to fund their own care. This is undoubtedly, good news, and it can only be hoped that all future Department of Health guidance remembers that needs come first, finances second.

Mental health care also looks to be facing some interesting developments in the coming year. Hopes that the the proposed Mental Health Bill had been scrapped, following its omision from the Queen’s speech, were dashed by health secretary, Alan Milburn who has insisted that a Bill will be introduced in the current parliamentary session. We will await the next step with interest.

Finally, may I take this opportunity to wish you a very happy Christmas and all the best for the New Year.

Caroline Poynton
Editor

Features

The family home: An opportunity? Maybe not Free
Practitioners will be well aware of the kinds of difficulties inherent in giving away the home. However, the Eversden case has raised some important issues that have interesting implications for tax planning. Emma Chamberlain, a barrister at 5 Stone Buildings, examines the case and assesses how a client might be advised on their tax planning as a consequence.

Problems in assessing mental capacity Free
For legal practitioners, determining client capacity is an essential process to protect and enable a client to live as independent a life as possible. However, where there should be cooperation between the legal and medical profession, there is often a gap in understanding in mental capacity assessment. Dr Amrit Singh, a consultant psychiatrist, describes the medical approach, in particular, how different illnesses and conditions might affect a client’s decision-making abilities.

A year on... The regional Court of Protection Free
The Court of Protection has completed its first year at its base at Preston. Court arrangements and procedures have been tried and tested and the realities of a regional court are becoming clear. Gordon Ashton, Deputy Master at the Court of Protection, assesses the development of the court and what lessons have been learnt for the future.

Solicitors for the Elderly conference 2002 Free
The Solicitors for the Elderly annual conference has become an earmarked event for many solicitors working with the elderly. Caroline Poynton reports on this year’s programme, the issues discussed, the speakers and their subjects and what lessons delegates took away for the coming year.

Welfare benefits update: Free
Welfare benefits remain a complex area for practitioners who must keep up to date with all the latest developments. Alan Robinson, a solicitor at Robinsons and Legal and Welfare Rights Training, helps with any confusion with a regular update on recent happenings in the area.

Delivering effective policy on protecting vulnerable people: A conference organised by QMW Policy Seminars Free
Adequate protection for vulnerable people has been an area of concern and dispute for some time as a balance is sought to protect the vulnerable while enabling them to live as independent a life as possible. Anne Edis, solicitor, TEP and chair of Solicitors for the Elderly, provides a round-up of the day’s proceedings, the key issues of the day and the message for the future, that is, the need for mental incapacity legislation.

Book review: Free
Protecting the Assets of Older People

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