Virtual Conference – Elderly Client Update 2023

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KEY SUBJECTS

• CARE FUNDING ADVICE AFTER THE £86,000 CARE CAP U-TURN
• OVERCOMING DELAYS IN THE COURT OF PROTECTION
• COUNTING THE COST OF LIVING: DISABILITY RELATED EXPENDITURE AND INCOME MAXIMISATION
• “HE MADE ME DO IT” – AN UPDATE ON UNDUE INFLUENCE
• CAPACITY ASSESSMENTS

SPEAKERS

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

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

Edward Hewitt Barrister, 5 Stone Buildings

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

CARE FUNDING ADVICE AFTER THE £86,000 CARE CAP U-TURN

With another Government U-turn, delaying the long-promised £86,000 social care cap until October 2025 at the earliest, practitioners and their clients will need to go back to basics when planning how to fund long term care needs and what funding support is available from health and social services.  This talk will provide an update focussing upon the current topics and tensions in care funding advice, including:

• Care home funding and top ups, including the revised CMA Consumer Law Guidance for care homes
• Allegations of deprivation of assets and the LGSCO Focus Report
• Deferred Payment Agreements for care home residents

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

OVERCOMING DELAYS IN THE COURT OF PROTECTION

• Tips to improve your financial deputyship application
• Pre notification pilot implementation
• Getting an order for sale of home
• What if the client lacks capacity to manage money but has capacity to decide where they live?
• What if the home is in joint names?

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

COUNTING THE COST OF LIVING: DISABILITY RELATED EXPENDITURE AND INCOME MAXIMISATION

There are 2.6 million adults aged 50+ in England living with some unmet need for care and support, including essential support with bathing, showering and managing their nutritional needs. Meanwhile many adults with disabilities find that their social care support packages are being cut as part of Government demanded efficiency savings, and / or their assessed contributions have increased. This is all at the same time as the tensions created by the cost of living crisis. This talk will look at:

• Quick steps to maximise our clients’ welfare benefits and other sources of financial support
• How to challenge social services about our clients’ Disability Related Expenditure within the means-tested social care financial assessment process
• Public law arguments to fight cuts to our clients’ social care package, to ensure that our clients receive adequate support to remain at home

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

“HE MADE ME DO IT” – AN UPDATE ON UNDUE INFLUENCE

The courts continue to produce many decisions involving challenges to wills and/or lifetime transactions on the ground of undue influence. This session will consider some of these recent cases and try to answer the following:

• What do the courts focus on when deciding these sorts of cases?
• What can the private client advisor do to try to minimise the risk of a subsequent challenge to a will or a lifetime transaction based on undue influence?
• How should the litigator approach these sorts of challenges?

Edward Hewitt, Barrister, 5 Stone Buildings

CAPACITY ASSESSMENTS

• Overcoming difficulties in obtaining them
• Costs and payment
• Tips in giving instructions
• Case law update

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

5.00 pm CLOSE OF PROCEEDINGS