ELDERLY CLIENTS: RESOLVING PROBLEMS AND LOOKING FORWARD

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An increasing number of lay attorneys are being investigated by the OPG and are required to make applications for retrospective approval of gifts which have been made; get it wrong and the attorney could be removed. Better guidance is needed, which may appear in the forthcoming Mental Capacity Code of Practice update, which is planned to include the new Liberty Protection Safeguards. The OPG continues to work on modernising LPAs, with the hope that safeguards will be enhanced, but what is being overlooked? The case of R (SH) v Norfolk County Council and another [2020] EWHC 3436 (Admin) is having ramifications for local authorities who will need to ensure clients who live in their own home have enough to live on. Advisers will need to make sure their client’s local authority is following the law.

• Responding to an investigation
• Retrospective application to the Court of Protection
• Revising the MCA Code of Practice
• Modernising LPAs- scope for improvements?
• The local authority means test- does your client have enough to live on?
• Roundup on health and social care news

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer