Acting for Elderly Clients - Virtual Conference 2022

Introduction

Chaired by Caroline Bielanska, this annual live broadcast conference with a panel of leading experts offers a comprehensive update as to the current hot topics in this fast-moving area.

Each session will provide a full opportunity for questions and answers.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10:00am-11:00am: Incapacity of Personal Representatives & Beneficiaries

Chair: Caroline Bielanska, Solicitor

With an ageing population, what happens if the appointed executor has lost mental capacity or is physically incapable of administering the estate and what if they are a beneficiary?

This session will explore ways to resolve these issues and will cover:

• Should you use a form PA11 or PA12 instead of an LPA?
• Do you need to get an order from the Court of Protection?
• How do you get a valid receipt?
• What if the sum is small?
• Should you apply to the Court to vary the estate?
• What are the benefits of a Disabled Person's trust?

Morning Break

11:10am-12:10pm: Mental Capacity Act - Latest Update

Tim Spencer Lane, Solicitor

This session will provide an update on key law reform and case law developments in recent months. It will include:

• Capacity assessments and best interests decision making
• An overview of the draft Mental Capacity Act Code of Practice
• The new Liberty Protection Safeguards - where are we now

12:10pm-1:10pm: Acting as the Certificate Provider: Getting it Right

Caroline Bielanska, Solicitor

The certificate provider is the ultimate safeguard against a donor signing an LPA where they do not have capacity or are acting under the undue pressure of another person, and yet there remains no formal guidance and case law is not always reported. This session will explore the role of the certificate provider and how to get it right.

It will cover:

• Who can be the certificate provider
• Case law on who cannot be a certificate provider
• The consequence of being 'unqualified'
• Is it an assessment of capacity under s2 or merely understanding?
• What is meant by undue pressure?
• How to undertake a robust assessment

Break for lunch

2:00pm-3:00pm: Paying for Care Update: Topics & Tensions

Cate Searle, Martin Searle Solicitors

This session will provide you with the latest update on paying for care. The current topics and tensions will be explored with tips on how to overcome them including:

• Update on NHS funding options for our clients - NHS Continuing Healthcare, NHS Funded Nursing Care and Fast Track funding
• Update on social care funding options for our clients - round up of latest case law and Ombudsman decisions
• Update on the £86k care cap - one year to go?
• Challenging unfavourable decisions by health or social services: top tips

Afternoon break

3:15pm-4:15pm: Welfare Benefits for Older People

Jayne Knights & Amy Swinnerton, Renaissance Legal

Latest figures show that 2.1 million pensioners are living in poverty, yet more than two billion pounds of benefit income is underclaimed every year (Age UK report - Benefit take up and older People May 2021).

It is therefore crucial that, if you work with older people, you ensure they are receiving all the benefits to which they are entitled. This updated session is suitable for anyone who needs to be confident that the benefits help and support they are giving older clients is up to date.

This session will include:

• Means-tested benefits for those aged 66 or over
• The impact of savings on means-tested benefits
• Help with Council Tax and energy bills
• Benefits which can help where there are disability and care needs
• Mixed age couples - which age counts?
• Forthcoming benefits changes for people over state pension age

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.