When confronted with issues concerning residential accommodation, the practitioner is most likely to be dealing with one or both of the need for admittance to and the...
There are a number of benefits that older people can claim that carry a financial eligibility requirement. In practice this means that if their capital and/or income are...
Lasting powers of attorney Lasting powers of attorney (LPAs) were created by the Mental Capacity Act 2005 (MCA 2005) and, apart from the fact that the donor must be over...
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them litigating. If there is no...
This Practice Note considers the approach taken by the family courts in relation to issues of capacity and how capacity may be assessed including expert evidence. In the...
Mental capacity is the ability to perform a specific juristic act by understanding and making a decision to do something that has legal consequences such as to make a...
In order to make a valid Will, the testator must satisfy a capacity test on two separate occasions: • when they give instructions for the drafting of the Will or at the...
Questions of capacity to marry, cohabit, have sexual relations and agree to the use of contraception are clearly highly sensitive and personal issues in which...
Note: This Practice Note must be read in the light of the implementation of the Care Act 2014 on 1 April 2015. Substantial repeals to legislation have been made with...
I [insert name] of [insert address] born on [insert date of birth] Authorise: • my solicitor [insert name] of [insert address] to disclose to my doctor [insert name] of...
Community care assessments are conducted by the local authority (LA) where someone aged 18 years or older is ordinarily resident. LAs have a duty to assess individuals...
Solicitors are not generally involved in the actual determination of where a client should invest—that is best left to an independent financial adviser. However, clients...
Within any department of a firm there has to be an awareness of the duties of the legal adviser. However, there is a greater need to be aware of those duties when dealing...
An oft-posed question by elderly clients is how to dispose of their house to relatives, either permanently or so that they no longer own it but can remain living there....
Note that this Practice Note reflects the law as stated at 30 June 2016. Lawyers acting in the field of elderly client law need to be able to take advice from and consult...
With an increasing move towards elderly client specialists and practices it is important to note the rules under which they must conduct their business. While all...
When an assessment concludes that an adult requires residential accommodation they have the choice, depending on their personal finance situation, between private and...
In recent years the phenomenon of the capital-rich, cash-poor elderly client has become more common. Generally their wealth is tied up in their home which has appreciated...
Financial abuse of the elderly by carers or members of their own family sadly seems to be on the increase. This can take the form of: • people pilfering money or assets...
The Tribunals, Courts & Enforcement Act 2007 (TCEA 2007) into force on 3rd November 2008 creating the ‘new’ Mental Health Review Tribunals structure of a First-Tier...
There have been concerns for many years over the detention and representation of those persons whose state of mind did not require such detention. It was against the...
It will come as no surprise to practitioners that their older clients are the most vulnerable to financial abuse. Often that abuse is not discovered until after it has...
With the coming into effect of part of the Care Act 2014 (CA 2014) in April 2015 there will be a number of repeals, revocations and cancellations of statutory provisions...
Although local authorities have some responsibilities regarding care funding and it is that area that causes major discussion, they also have liabilities in respect of...
Note that this Practice Note addresses only English law. Following devolution there are now differences between the English and Welsh rules on many aspects of the...
Dear [insert name of client] Thank you for your instructions [I refer to our meeting and your instructions] to [insert the details of the gift to be made]. I will be...