Over several years of helping law firms with technical matters I have seen different asset protection schemes mostly sold to people worried about the costs of care. Some might work but the costs and inappropriateness in many cases outweigh any possible advantage in my opinion.
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A,B C v X, Z  EWHC 2400 | In an application brought by the three adult children of an elderly man suffering with dementia (X), Judge Hedley had to determine a number of issues in relation to X’s capacity, namely whether he had capacity (1) to marry (2) to make a Will (3) to revoke or grant an Enduring/Lasting Power of Attorney (4) to manage his affairs (5) to litigate and (6) to decide with whom he had contact
This case reconfirms the requirements for a Will to be valid and also looks at the ever-popular issues of capacity and knowledge and approval, wading through conflicting evidence from the parties.
The problem is well known – most people wish to pass on an inheritance to their families and many children ‘expect’ to receive the proceeds of their parents’ home on the second death. These concerns make older people easy prey for the unscrupulous to focus only on the benefits of so-called Asset Protection Trusts (APTs) to protect the value of a person’s home from assessment to means tested benefits should the need for care arise, rather than take a more balanced approach.
In an application by the Office of the Public Guardian (OPG) to revoke a Lasting Power of Attorney (LPA) on behalf of an incapacitated Donor, where an Attorney mismanaged the Donor’s affairs, Senior Judge Lush provided effective guidance on the responsibilities of an Attorney acting under an LPA, when dealing with the investment of a Donor’s funds.
As the overall population of England and Wales ages, the beneficial task of protecting a client’s assets against fees for residential care will become more and more common. The most important asset to protect is generally the family home.
On 11 July 2012 the Government published its response to the Dilnot Commission’s Report in July 2011. Sadly the draft Care & Support Bill does not address the extent to which public funds will be used to support care funding costs, leaving the decisions on finance until the next treasury.
Where a person is to be discharged home, it may be necessary for adaptations to be done to their home. Such equipment may be essential to their successful rehabilitation at home and the maintenance of their independence.
In the previous articles we have considered the law relating to the discharge of still vulnerable patients from hospital. Admission to hospital can be traumatic, leading to disorientation and a loss of confidence. But with proper support during a transition period, a person may be able to return home.
It is very common for the frail elderly to be admitted to hospital for bony injuries. An orthopaedic surgeon will treat the bony injury and having done so to the point where the patient can no longer benefit from in-patient care, may consider that they are ready for discharge.
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