denotes premium content | Dec 3 2008 Elderly Client Adviser archive
Volume 8 Issue 3
During the House of Lords cases in July on section 117 mental health aftercare, the local authorities confirmed that two out of three authorities have been charging unlawfully for aftercare services. The services included residential care and now the authorities must reimburse the residents; in total approximately £80m needs to be paid back.
Many local authorities appear to be trying to take patients off this supervised aftercare and it is very confusing for practitioners. The cases include an older demented patient and it is therefore very relevant to elderly client practitioners. Mental health solicitor Yee Fon Sit looks at these issues and their importance. Linked into this is the recent special report by the Health Service Ombudsman, which highlights how important it is to understand the relationship between NHS-funded clients and those who are means tested. We have touched on the report in the in brief section and readers will be pleased to know that we shall in the next edition cover the report in detail.
Colin Wyman of Boys and Mauhgan solicitors has written a fascinating article on his role as an English solicitor practicing in Spain and advising English older people who have retired to the Costas. The problem he recites are of course not limited to the Costas and do occur in the retirement havens of the USA, Portugal and France as well.
David Coldrick has provided ECA with a wonderful sample response to claims of notional capital. Many practitioners have experienced local authorities that view the Scottish Yule case as the established precedent and fail to recognise the Beeson case. David looks at the case law and the mandatory guidance, which has established a subjective test to be applied.
In David Reese’s second article on abuse, he focuses on what the Court of Protection can do where the perpetrator is the attorney or the receiver. In the event you have an abuse situation it will be useful.
Since the introduction of free nursing care by a registered nurse it is the case that different bodies deal with different aspects of the care funding. It is complex and Caroline Bielanska has endeavoured to explain the rules should you need them.
I hope you find this issue useful and finally, your thoughts and comments are always welcome. You can contact me at cpoynton@ark-group.com.
Caroline Poynton
Editor
Features
Aftercare under the Mental Health Act 1983
Now the House of Lords has confirmed that s117 aftercare is free, lawyers will be seeking to recover fees paid by patients unlawfully. Yee Fon Sit, associate solicitor and head of the mental health department at Alexander Harris Solicitors, a specialist health law firm considers the impact of R v Manchester City Council ex parte Stennett.
Protecting the patient. Part two – abuse by attorneys and receivers
Financial abuse does happen and the role of the adviser may be limited to mitigating further loss to the donor’s or patient’s estate. Barrister David Rees, in his second article on financial abuse considers what the Court of Protection can do where attorneys or a receiver perpetrates abuse.
Elderly client care in Spain
In January, Colin Whyman, partner with Boys and Maughan moved to Spain to set up an office in Almeria to handle elderly client issues that affect expatriates who now live in the area. In this article, he explains the type of work he undertakes and why there was a need to expand.
Boundary disputes: Who is responsible for funding care homes?
Local Authorities and Primary Care Trusts do not always work in partnership and even where they do, residents may find that they are pushed between the two bodies with arguments as to who is financially responsible for the funding of a resident’s care. In this article, Caroline Bielanska clarifies the position as to responsibility.
Notional capital: Applying the right test
What do you do when your client is financially assessed by social services on the basis that the gift they made of the house the previous year is notional capital and how should you respond? David Coldrick, a partner at Wrigleys Solicitors, has produced a sample response for adaptation and use by readers.
