Virtual Conference: Elderly Client Update 2021

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KEY SUBJECTS

• APPOINTMENT, RETIREMENT AND REMOVAL OF A FINANCIAL DEPUTY
• LOCAL AUTHORITY FINANCIAL ASSESSMENT UPDATE
• DRAFTING BUSINESS LASTING POWERS OF ATTORNEY
• NHS CONTINUING HEALTH CARE: MISTAKES MADE BY NHS BODIES AND LESSONS TO BE LEARNT FROM THE OMBUDSMAN’S REPORT
• COURT OF PROTECTION AND OPG – RECENT CASES AND DEVELOPMENTS

SPEAKERS

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

The Much Hon. Craig Ward of Lundie, Solicitor and Partner at Craybeck Law LLP, MSc BA(Hons) TEP MBPsS CertCouns

Cate Searle, Director and Head of Community Care Law – Martin Searle Solicitors

Sheree Green, Director of Greenchurch Legal Services Limited

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

APPOINTMENT, RETIREMENT AND REMOVAL OF A FINANCIAL DEPUTY

Not all applications for a property and financial affairs deputy go to plan. What happens if there is a dispute or if the court decides that the applicant is not appropriate due to their own financial management? Once appointed, the role generally lasts until the incapacitated person dies. But sometimes the deputy wants to retire because of ill health, retirement from practice or because the client has insufficient funds to pay for a professional deputy. Retirement is not automatic as was seen in the recent case of Cumbria County Council v. A. Deputies may make mistakes, and it seems from the recent case of The Public Guardian v Andrew Riddle, much will be forgiven if mistakes are made good. This session will cover:

• What are the criteria to being appointed a deputy?
• When will the court not appoint a family member?
• Managing disputes for deputyship
• What if a professional deputy is appointed and they want to retire because the client has run out of funds?
• Mistakes made by deputies, putting them right v. removal by the court

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

LOCAL AUTHORITY FINANCIAL ASSESSMENT UPDATE

The Local Government and Social Care Ombudsman investigates and publishes a significant number of cases, where complaints have been made about social care financial assessments. Whilst they do not create precedents, they shine a light on front line decisions and are useful for understanding local authority positions and advising clients. This session will cover:

• Is a severance of joint tenancy a deliberate deprivation?
• Is placing asset into trust for peace of mind a deliberate deprivation?
• Can the local authority treat all gifts as a deliberate deprivation?
• Can a professional Deputy’s costs be disregarded?
• Unfair top up fees

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

DRAFTING BUSINESS LASTING POWERS OF ATTORNEY

Business lasting powers of attorney (BLPA) allow business owners to protect their business. Without a BLPA their business is at risk. If they subsequently lacked mental capacity and did not have a BLPA, the bank could freeze their account, contracts or services might go unfulfilled, the business community would think twice about doing business with them. If they were a sole trader it could put them out of business. This talk will cover:

• Why create a business lasting power of attorney
• Donor’s sufficient business understanding
• Choosing a business attorney
• Drafting a business lasting power of attorney
• Client advice on choosing the appropriate business LPA clause

The Much Hon. Craig Ward of Lundie, Solicitor and Partner at Craybeck Law LLP, MSc BA(Hons) TEP MBPsS CertCouns

NHS CONTINUING HEALTH CARE: MISTAKES MADE BY NHS BODIES AND LESSONS TO BE LEARNT FROM THE OMBUDSMAN’S REPORT

Securing and retaining NHS Continuing Healthcare awards for our clients is increasingly difficult: recent NHS England data indicates that less than 47,000 adults in England qualify for NHS CHC, a third of these under the Fast Track Pathway. If our clients are found eligible, they can find that the next battle is commissioning – what care and support the CCG will arrange and fund. This talk will look at what could or should be done differently for our clients in NHS CHC funding cases and will include:

• NHS CHC statistics and fake news
• The Ombudsman Report “Continuing Healthcare: getting it right first time” (3 November 2020)
• Mistakes and failings in the NHS CHC assessment process: how to spot them and how to put them right
• Mistakes and failings in relation to NHS CHC and Top Ups: how to put them right
• Inadequate care and support packages after a successful CHC eligibility decision: when and how to challenge
• Inter-agency disputes about eligibility: persuading Social Services to get off the fence after a negative eligibility decision
• Seeking permission to litigate in relation to NHS CHC appeals and commissioning disputes- the professional deputy team and Re:ACC

Cate Searle, Director and Head of Community Care Law – Martin Searle Solicitors

COURT OF PROTECTION AND OPG – RECENT CASES AND DEVELOPMENTS

This talk will look at cases of particular relevance to elderly client practitioners, including:

• When the Court might agree to vary a will to provide for a disabled beneficiary: LMS, Re (settlement of property into a trust) [2020] EWCOP 52
• What a deputy can charge for their work: Penntrust Ltd v West Berkshire District Council & Anor [2020] EWCOP 48 and PLK & Ors (Court of Protection: Costs) [2020] EWHC B28 and The Public Guardian v Riddle (No. 2) [2020] EWCOP 41
• When a deputy needs to go back to Court: ACC & Ors (property and affairs deputy; recovering assets costs for legal proceedings) [2020] EWCOP 9
• The OPG agenda: Modernising the LPA

Sheree Green, Director of Greenchurch Legal Services Limited

5.00 pm CLOSE OF PROCEEDINGS