Member talk: Vulnerable and older client care

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.

 

Speakers include:

• Sophie O’Connell, partner in the Mental Capacity Team at Wilsons Solicitors and Private Client Solicitors Section advisory committee member
• Cate Searle, community care solicitor and director at Martin Searle Solicitors

 

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.

 

Speakers include:

• Victoria Newey, lawyer in the property and affairs team at the Official Solicitor & Public Trustee and Private Client Solicitors Section advisory committee member

• Sarah Post, an independent mental capacity assessor with considerable experience in mental capacity assessments in accordance with the Mental Capacity Act 2005 (MCA)

 

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.

 

Speakers include:

• Fiona Heald, court of protection senior solicitor at Giles Wilson Solicitors and Private Client Solicitors Section advisory committee member

• Sharon Lamerton, lawyer and specialist in community care and NHS continuing healthcare advice at Care or Not Ltd.

 

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.

 

Speakers include:

• Melinda Giles, managing partner and head of private client and court of protection at Giles Wilson Solicitors and Private Client Solicitors Section advisory committee member

• Asha Beswetherick, legal director at Enable Law specialising in property and affairs for the vulnerable.

 

The videos were recorded on the following dates:

• 14 May 2024: Care home top-up fees (First and third party)
• 7 May 2024: What the mental capacity assessor needs from you
• 11 June 2024: Attorney/Deputy care home contracts
• 11 July 2024: P managing their own funds - the when and the how