denotes premium content | Dec 3 2008 Elderly Client Adviser archive
Volume 3 Issue 5
Features
Bournewood and Beyond
The House of Lords decision in the case of L v Bournewood Community and Mental Health Trust1 may have been met with a sigh of relief by professionals working in the mental health field2, but anyone expecting a return to the pre Court of Appeal position is likely to be disappointed
Community Care Case Reports
Since the landmark cases of Sefton and Gloucestershire, there have been a number of cases that have gone through the Courts, which do have an impact on the provision of community care services for clients. Anne Edis reports on the principle cases.
Forum: Top Up Fees
We have received numerous letters over the past two weeks asking us to comment on an article within the Money Go Round section of the Sunday Telegraph (21/6/98). The article by Paul Lewis is entitled Payment gap threatens the old recounts the tale of an elderly care home resident who has a small pension and capital that originally totalled £30,000 and is now around £16,000. The lady in question had been funding her own care home fees of just under £300 per week.
Planning Ahead For Post Death Events
The last three issues of Elderly Client Adviser have carried articles about the ways in which the provision made in a will or on intestacy can be varied after death. Such a variation might take place because of a change in circumstances since the will was written, the need to settle claims made against the estate or simply in order to save inheritance tax (IHT).
YULE v South Lanarkshire Council (OH)
In February of this year, Scotlands highest Civil Court (the Court of Session in Edinburgh) in a case the first of its kind to be heard in Scotland (to the writers knowledge)decided that the home of an 81 year old woman gifted to her granddaughter 18 months before entering care remained an asset which should be included as notional capital for assessment purposes
