Older Client Update 2025

KEY SUBJECTS

• RAISING CONCERNS ABOUT LASTING POWERS
• CONFIDENTIALITY & DISCLOSURE
• UPDATE ON THE ROLE OF THE FAMILY CARER – IMPORTANT CONSIDERATIONS
• THE RISKS OF GIFTING – WHO IS YOUR CLIENT?
• CARING AND BEING CARED FOR – AN OVERVIEW OF THE BENEFITS AVAILABLE AND HOW THEY INTERACT

SPEAKERS

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

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

Michael Culver, Managing Director – Culver Law Ltd

Jayne Knights, Welfare Benefits Consultant – Renaissance Legal Ltd

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

RAISING CONCERNS ABOUT LASTING POWERS

The number of concerns about the misuse of powers has increased and many professionals are unsure how and when to raise a concern. This talk will look at: 

• Who can raise a concern
• How and when to raise a concern
• Post registration concerns
• OPG investigations
• Court’s approach to removal of an attorney 

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

CONFIDENTIALITY & DISCLOSURE

When can a legal professional disclose confidential information to third parties and when can they access confidential information?

• Responding to a Larke v Nugus request
• Providing a copy of a will to an attorney or deputy
• Responding to an inquiry by the OPG
• Raising a safeguarding concern about the client
• Responding to a police investigation about an attorney
• Accessing health and social care records as a financial deputy or attorney

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

UPDATE ON THE ROLE OF THE FAMILY CARER – IMPORTANT CONSIDERATIONS

According to the last Census, at least 5.8 million people in the UK are providing unpaid care for an ill, older or disabled family member or friend. Other recent data suggests that in England and Wales, this unpaid care saves the governments approximately £162 bn per year. The Carers’ UK State of Caring Report (October 2024) set out the dire consequences of the unpaid carer role on the carer’s finances and wellbeing

Cate Searle’s update will focus upon the advice that we can we give to make a difference to our clients who have an unpaid carer role for their parents; their disabled children; or for other relatives or close friends.

• New rights for working carers: Carers’ Leave Act 2023 (effective from April 2024)
• Office of the Public Guardian Guidance on Family Care Payments (updated Jan 2024)
• Carers’ rights: Care Act 2014; Children & Families Act 2014; Social Services and Wellbeing (Wales) Act 2014
• What support should the Local Authority or NHS provide to the unpaid family carer?
• Top tips to maximise the cared for person’s social care financial assessment, so that their unpaid carer is not subsidising them financially in addition to providing unpaid care:
  • Disability Related Expenditure in the social care financial assessment context
  • Disregards in the social care financial assessment context for a cared for person living with their family
• A short guide on how to challenging negative decisions by Health or Social Services

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

THE RISKS OF GIFTING – WHO IS YOUR CLIENT?

This talk will provide an examination of the law surrounding gifts and your obligations as professional advisors. It is designed to help practitioners avoid negligence claims and protect clients. The talk will give guidance so you are better equipped to advise clients in relation to estate planning and gifts.

• Who is your client?
• Establishing the motive behind the gift
• Risks of gifting including bankruptcy, divorce, fall out
• Challenges to gifts – undue influence and capacity
• Gifts by Deputies and Attorneys

Michael Culver, Managing Director – Culver Law Ltd

CARING AND BEING CARED FOR – AN OVERVIEW OF THE BENEFITS AVAILABLE AND HOW THEY INTERACT

The recent publicity surrounding the overpayment of Carer’s Allowance has made it clear that this is a complex area of benefits law. The October 24 Budget announcement of a significant increase in the earnings rule for Carer’s Allowance is welcome – but this is only half the story.

Which benefits can be claimed when a carer depends on the carer’s age, earnings and whether other benefits are in scope. There may be further complications to consider, such as the effect of ‘non-dependant deductions’ if a cared-for person lives in the home of their carer.

This session will look in detail at the array of benefits available to carers, the positive consequences of being viewed by the DWP as a carer, and the possible consequences for all parties of such arrangements.

This session will supply you with the vital information you need, including:

• Claiming Carer’s Allowance – eligibility criteria, earnings rules and national insurance consequences
• Claiming the Carer Element of Universal Credit and how this intersects with Carer’s Allowance
• Positive protections for carers within the work-search regime
• Holistic advice – what are the consequences of carer/cared-for arrangements and which scenarios attract non-dependant deductions?
• Resources, links and useful organisations

Jayne Knights, Welfare Benefits Consultant – Renaissance Legal Ltd

5.00 pm CLOSE OF PROCEEDINGS