Acting for Elderly Clients - 2021 Virtual Conference
Chaired by Caroline Bielanska, this annual live broadcast conference with a panel of leading experts offers a comprehensive update as to the current hot topics in this fast-moving area.
Each session will provide a full opportunity for questions and answers.
This live and interactive 5 hour conference will cover the following:
10:00am-11:00am: Gifts & the Need for Professional Advice
Caroline Bielanska, Solicitor
Most people give no thought to gifts that they make to their family, and the idea of seeking professional advice often seems a waste of their time and money.
Yet gifts can be subsequently challenged by disappointed beneficiaries on the ground that the donor lacked mental capacity or there was undue influence.
With an increasing number of property transactions involving the bank of ‘Mum and Dad’, what was considered to be a gift, turns into an assertion of it being a loan, when relationships turn sour.
And then there are the increasing number of attorneys making unauthorised gifts to themselves, which get treated as a deliberate deprivation by the local authority when the donor runs out of money to pay for care - with claims that the gift was what they had been promised.
This session will cover:
- Professional conduct issues
- What is the mental capacity required to make a gift?
- Preventing challenges of undue influence
- When the authority of the Court of Protection is required for a client who lacks capacity
- Consequence of failing to clarify if a gift or a loan
- Perfecting an imperfect gift
11:10am-12:10pm: Later Life Planning Where Capacity is Intact - The Latest Update
Jacqui Lazare, Clarke Wilmott
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).
It 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:
- Starting point - 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 and taking into account their overall circumstances and wishes)
- Special consideration of estate planning issues facing elderly business owners
- How to mitigate cybersecurity issues facing advisors for the elderly client
- Update of key estate planning provisions and analysis of when they can and cannot still be of use to these clients (such as lifetime exemptions)
- The impact of electronic wills and holograph wills for the elderly client
12:10pm-1:10pm: Lasting Powers of Attorney & Court of Protection Update
Caroline Bielanska, Solicitor
The COVID-19 pandemic has 'fast tracked' the modernisation of the OPG and Court of Protection, although the latter struggles with aging technology.
This session is a roundup of law and practice which will help the busy practitioner stay on top of their game.
It will include the following:
- Consultation on the modernisation of Lasting Powers
- Practice changes in the Court of Protection
- Guidance from the Official Solicitor on property cases
- Consultation on the new Mental Capacity Act Code of Practice
- Tips for improving your deputyship applications
- Case law including Re KC and The Public Guardian v XR
Break for lunch
2:00pm-3:00pm: Social Care Funding & Government Promises on the Care Fee Cap
Cate Searle, Martin Searle Solicitors
At the start of the year, the Government promised that it would bring forward proposals for social care reform, including social care funding.
This is ten years on from the report of the Dilnott Commission and four years on from the Government u-turn on its promise to bring in a cap of £72,000 for lifetime care costs; and with the backdrop of ongoing media coverage about unfair care costs and ‘the dementia tax’.
If the cap comes in this time around, what will it mean for our clients?
And in the meantime, what are the current topics and tensions in relation to social care funding: top-ups; property disregards; and deprivation.
This session will cover:
- Social care reform and the promise of a cap of lifetime care fees - will it happen this time?
- If the care fee cap does come in, what will our clients actually pay for their care?
- Update on social care funding - topics and tensions
- Recent Ombudsman decisions about social care funding
- Challenging inadequate social care funding for care at home or in a care home
- Case studies
3:15pm-4:15pm: 66 & Counting - Benefits for Older People
Jayne Knights & Amy Swinnerton, Renaissance Legal
This session aims to cover the range of benefits for people who have reached pension age.
Underclaiming of benefits by this age group is startling - for example, up to 40% of all people aged 66+ who could be entitled to pension credit do not claim.
This means that many people are living on incomes which are below the guarantee credit thresholds set by the Government each year: levels which are intended to be the lowest subsistence levels of income.
The session will provide an overview of the most relevant benefits for this age group, principally:
- Pension Credit
- Attendance Allowance and Carer’s Allowance
- Getting help with rent and council tax
- How capital is treated for means tested benefits
- How they all interrelate
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.