Older Client Update 2024

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KEY SUBJECTS

• ADVISING A CLIENT IN A VULNERABLE SITUATION
• PROTECTING THE RIGHTS OF FAMILY CARERS WHO PROVIDE SUPPORT TO VULNERABLE RELATIVES
• BENEFITS FOR OLDER PEOPLE: AN ESSENTIAL UPDATE
• SECURING CARE FUNDING FOR OUR CLIENTS AT END OF LIFE CARE STAGE AND RETROSPECTIVE APPLICATIONS FOR NHS CHC
• DIGITAL LPAS – DRAFTING TO ADD VALUE

SPEAKERS

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

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

Jayne Knights, Welfare Benefits Consultant – Renaissance Legal Ltd

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

ADVISING A CLIENT IN A VULNERABLE SITUATION

David is 80 years old and gives instructions to cancel his LPA in favour of his two children and change his will in favour of his carer, who has left the care agency that employed her to work directly for David. This session will consider:

• Identifying red flags
• What is prompting behind the change of mind
• Professional conduct duties
• Capacity to revoke an LPA
• Undue pressure in making the LPA
• Challenges to the registration of new LPA
• Undue influence in wills
• Fraudulent Calumny
• Safeguarding from social services

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

PROTECTING THE RIGHTS OF FAMILY CARERS WHO PROVIDE SUPPORT TO VULNERABLE RELATIVES

With 73% of Local Authorities reporting increased breakdown of unpaid carer arrangements, and families struggling to continue to provide high levels of care without adequate outside support, Cate Searle’s update will focus upon:

• Carers’ rights under the Care Act 2014, Children & Families Act 2014 and Social Services and Wellbeing (Wales) Act 2014
• Top tips to secure an accurate and adequate carer’s assessment
• Challenging an inaccurate or inadequate carer’s assessment / support plan
• The carer’s right to say no: support that the carer is unable or unwilling to provide
• Direct Payments from health or social services and the family carer role
• Carers and respite provision
• Carers’ rights at work: The Equality Act 2010
• Arrangements when the cared for person can no longer live at home

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

BENEFITS FOR OLDER PEOPLE: AN ESSENTIAL UPDATE

The world of benefits advice is currently very consumed by developments to Universal Credit; the main means-tested benefit for working-age people. This usually means the subject of benefits for the 66+ age group can be overlooked, apart from the annual political debate over the ‘triple lock’.

This update session places the focus back on older people’s benefits, and looks at some tricky but useful areas, including:

• Some things you might not know about Attendance Allowance, including:
  • The new rules about claims from people who are terminally ill
  • Keeping or losing Attendance Allowance when in hospital or a care home
  • How Attendance Allowance affects a client’s finances when living in their own home
  • How to avoid overpayments and recovery action
• How some technical knowledge about Carer’s Allowance can enhance means-tested benefits for this age group.
• How ‘mixed-age’ couples are treated in the brave new world of Universal Credit vs Pension Credit.

By the end of the session, the intention is that you will feel more confident in your updated knowledge of these technical areas and will be able to give your clients useful information, signposting and resources.

Jayne Knights, Welfare Benefits Consultant – Renaissance Legal Ltd

SECURING CARE FUNDING FOR OUR CLIENTS AT END OF LIFE CARE STAGE AND RETROSPECTIVE APPLICATIONS FOR NHS CHC

Many of our clients will understandably assume that their end of life care arrangements, or those arrangements for their relatives, will automatically be funded by the NHS; and that they have a right to choose where the end of life care package is provided. Finding out that there are limitations on both funding and choice can come at a devastating time, while the family is also coping with the realities of end of life care. In this session, Cate Searle will focus upon:

• NHS Continuing Healthcare Fast Track Pathway funding for adults at end of life care stage: the process and tips and tactics to secure funding and support in good enough time to make a difference
• How to challenge negative decisions about Fast Track Pathway funding
• Other financial support at end of life care stage: social care and DWP funding
• How to manage a retrospective application for end of life care funding after the cared for person has passed away
• Dealing with end of life care debt demands after the cared for person has passed away
• Strategies for NHS Continuing Healthcare retrospective applications that are not related to end of life care

This session will look at the two very different regimes in England and Wales and case studies will be used to illustrate strategic approaches to secure the best possible outcomes for our clients.

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

DIGITAL LPAS – DRAFTING TO ADD VALUE

With the introduction of digital LPAs, professionals will be competing with DIYers and will need to be clear as to why there is a tangible benefit in having a professional drafted LPA for use. This session will include precedents which work and add value to the client.

• Why does a professionally drafted LPA add value?
• Conditions, restrictions and guidance included or separate
• Upskilling attorneys
• Vital clauses to include
• Useful clauses to include

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

5.00 pm CLOSE OF PROCEEDINGS