- Update/Intermediate/Introductory *6 hours CPD
Advising any elderly client requires a broad band of core knowledge about the assessment of mental capacity, the risk of undue influence, powers of attorney and the scope for Local Authority/NHS support to fund long term care. This course is designed to increase the busy practitioner’s knowledge of topics and issues which should be considered when acting for elderly clients. Detailed notes on recent case law, and recent legislative changes, practical case studies, specimen clauses draft letters and checklists will be provided. The topics covered will include:
Taking Instructions from Elderly Clients
-Assessing the clients needs
-Conflict of interests
-Wills for elderly clients
-Emergency wills – what to do!
Mental Capacity
-The different common law tests
-Medical evidence – what is required?
Lasting Powers of Attorney
-Overview of the MCA 2005
-Completing the new LPA forms
-What happens to existing EPAs
Life Time Gifts – Undue Influence
-The “Etridge” test
-Review of recent cases
-Practical action for solicitors
Funding the Long Term Care of the Elderly Client
-Local authority funding
-Deliberate deprivation of assets
-Choice of accommodation
-Eligibility for NHS Funded care