denotes premium content | Dec 3 2008 Elderly Client Adviser archive
Volume 3 Issue 4
Features
Access to Justice Under the Mental Incapacity Jurisdiction
In my last article I identified numerous obstacles to older people with physical or mental impairments seeking access to justice in the civil courts. Will they fare any better under the new jurisdiction proposed for mentally incapacitated adults?
Advising the Elderly and the Solicitors Indemnity Fund
All solicitors will be aware of the proposed new rules for calculating contributions to the Solicitors Indemnity Fund to cover the shortfall. The proposals as recommended by The Law Societys standards and guidance committee are summarised in the Law Societys Gazette of 16 February and 5 March 1998 but the full consultation document has now been issued. I have not had time to study this in detail so this article is based on the summaries in the Gazette.
Attendance Allowance and Residential Care
In his article on benefits for disability published in the ECA earlier this year Alan Robinson referred to the regulations dealing with entitlement to attendance allowance for people living in residential care homes or nursing homes as impenetrable, and declined to state a firm view a to who is entitled and who is not, The purpose of this paper is to analyse those regulations in more detail, and to give the writer's opinion as to the practical implications. Readers are referred to Alan Robinsons article for a statement as to the basic rules of entitlement to attendance allowance1.
Solicitors for the Elderly
Readers of the Elderly Client Adviser will have been aware over the last twelve months of the development of the Croup known as Solicitors for the Elderly. Throughout the period from its foundation the Group has met and has discussed critical issues affecting the older client. The concern of the Group has been the issue of the quality of legal services being offered to older people and the Groups principal aim has been to overcome this.
The Social Security Bill 1998
The Social Security Bill attracted considerable attention on its passage through Parliament over the issue of cuts in benefits for lone parents, but the Bill is probably more significant for the changes being made to the way in which decisions are made in social security cases. The whole system of tribunals will be overhauled and fundamental changes made to the process of decision making in social security and other cases. The role of the Adjudication Officer (AO) will disappear and there will be a new system of reviewing decisions. Most of these changes are expected in 1999.
Varying Provision on Death: Some Less Familiar Methods
By far the most common method of varying a will or the provision on intestacy is the execution of an instrument of variation; particularly when tax efficiency is a consideration. However, in some circumstances a simpler and equally efficient method may be available. This article looks at two such methods: disclaimers by beneficiaries, and elections by a spouse to capitalise a life interest to which she would otherwise be entitled under intestacy.
