1
Type CPD Hours Level
Conference expert panelInformation 6 UpdateInformation
Accreditation Information
SRA Competency B

Introduction

From challenging local authority care plans, through to estate planning for clients who have lost capacity and later life planning where capacity is intact, this conference examines a selection of hot topics and difficult issues.

The conference is chaired by Caroline Bielanska.

Conference Agenda

This Conference will cover the following:

9.30am - 10.15 am: Care of the Elderly Client

Alan Robinson, Solicitor

Care is a complex topic, partly because of the different bodies responsible for ensuring that it is provided, but also because of the complex provisions, especially at the overlap between meeting health needs and care needs.

This session will consider some of the main issues to be considered as part of a full package of advice to the elderly client in need of care, covering:

  • Care at home or care in a residential setting?
  • Care Act assessment or continuing health care?
  • Using the eligibility criteria to best advantage
  • Challenging care plans and changes made to them by local authorities
  • Standards of care - recent court and ombudsman decisions

10.15am - 11.00am: Safeguarding the Elderly

Andrew Bagchi, 1 Garden Court

As the population ages and those in advanced years become more vulnerable to the malign influence of others, this session will look at the safeguarding obligations of public authorities and those authorised to manage the financial affairs of the incapacitated.

The session will cover:

  • Physical and emotional abuse
  • Public duties under the Care Act 2004
  • Financial abuse
  • The approach of the deputy/attorney
  • The role of the COP
  • Other remedies

11.15am - 12.00pm: Estate Planning for Clients Who Have Lost Capacity

Justin Holmes, Radcliffe Chambers

Whilst it is always better for estate planning steps to be taken at a time when the client has full capacity, that doesn’t always happen. The Court of Protection will, however, sometimes authorise estate planning steps on behalf of an incapacitated client.

This session will consider what options are available for estate planning once capacity has been lost, covering:

  • Powers and duties of attorneys and deputies to carry out estate planning steps
  • Main types of estate planning
  • Gifts that do not require court approval
  • Obtaining court approval
  • Discretionary trusts and letters of wishes
  • Special problems where the main motive is to save tax - Re JMA and Re MJL

12.00pm - 12.45pm: Lasting Powers - Tricky Issues after Registration

Caroline Bielanska, Solicitor

Lasting powers are relatively easy to make, however, making decisions under them can be fraught with problems.

With an increasing number of donors making their powers via the OPG portal, without legal advice, attorneys can encounter difficulties which neither they nor the donor have considered. In any event, all attorneys need advice and support to undertake their responsibilities.

This session will cover:

  • OPG losing original during registration
  • Acting as a gatekeeper to the power
  • Powers without a power of delegation
  • Maintenance by the attorney
  • End of life decisions in practice

12.45 - 1.00pm: Questions

2.00pm - 2.50pm: Later Life Planning Where Capacity is Intact

Jacqui Lazare, Clarke Willmott

This session will highlight best practice when advising elderly clients who have capacity and wish to mitigate their overall tax position (relating to income tax, IHT and CGT). The session will refer to an anonymised case study which will illustrate some common issues which arise in the course of advising clients in these situations.

The session will cover:

  • What options are on the table and what may be off for these clients (such as importance of retaining access to capital and/or income)
  • Comparison of approach where adult children are involved or not
  • Recap of key estate planning provisions and analysis of when they can and cannot still be of use to these clients (such as lifetime exemptions)
  • How to ensure any planning dovetails with their wishes as set out in their will

2.50pm - 3.40pm Using Your Home to Fund Care

Caroline Bielanska, Solicitor

Most people are asset rich, cash poor with the majority of their wealth tied up in their home. As many people want to stay in their home, an increasing number of people are willing to use their home to fund a better package of care than the local authority will provide.

But what if the local authority is involved and the client moves into a care home?

Why doesn’t the local authority always allow clients to use their home to fund care? What if the client wants a nicer care home? And what happens if they have only a part interest in their home?

This session will cover:

  • Equity release
  • Deferred payment agreements
  • Jointly owned property
  • Topping up for a better care home
  • Ombudsman case update

3.55pm - 4.45pm Workshop Session

Jacqui Lazare, Clarke Willmott

This practical workshop session will cover key aspects of elderly client topics covered during the course of the day, examining both the practical and legal implications.

Delegates will discuss the major issues and will work through a specially devised case study.

4.45pm - Close: Questions

Book now

Prices (ex VAT)
Smart
Plan Information
£280
Season
Ticket Information
£420
Standard
£560
Group bookings
Discounts are available for multiple conference places. Please telephone 0161 793 0984 or information@mblseminars.com for details.
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