Member talk: Vulnerable and older client care

This series of bitesize videos, exclusive to Private Client Solicitors Section members are delivered by experts to support you in giving the best possible legal advice to vulnerable and elderly clients.

Care home top-up fees (First and third party)

Understand what is a top-up and how it works for a client’s care.

Our speakers give examples of scenarios when you could or should argue against a top-up, and what you should do about topping up when a client’s care is funded under Section 117 of the Mental Health Act (Section 117 Aftercare). They also explore the difference between top-ups when a client’s care is funded by the local authority compared to NHS continuing health care funding.

What the mental capacity assessor needs from you

Develop your understanding of what the mental capacity assessor needs from you, the practitioner, to ensure a successful assessment is carried out.

Our speakers share the five key things that need to be included in the letter of instruction, highlighting the communication needs and what both parties need to be made aware of. They also touch upon what isn’t helpful and what the mental capacity assessor doesn’t need, sharing the assumptions that solicitors have when writing a letter of instruction.

Attorney/Deputy care home contracts

Understand what deputies/attorneys need to look for in care home contracts when their mentally incapable clients have to go into a home.

Hear from the experts on the formalities of signing care home contracts, advice for those signing on behalf of others and what should be considered with regards to deposits and advance payments. Our speakers also explore how NHS-funded Nursing Care (sometimes called Funded Nursing Care or FNC) is dealt with in the contract and what the contract should say when someone dies.

P managing their own funds - the when and the how

Explore how to protect and account for the funds, when ‘P’ (a person who is 16 or over that lacks capacity) is managing their own funds.

Our experts discuss issues with banks and online purchases, as well as cash restrictions, with cash not being accepted in certain places and how deputies therefore need to support P through new learning processes. The speakers share anecdotal examples of when P could manage their own funds, taking into account mental capacity assessments, OPG queries and decision making for day-to-day spending. Bank accounts that fall out of the deputyship are also considered and our speakers share practical tips to ensure that P’s capacity is not fluctuating.