Event Details

Elderly Clients, Their Assets and How to Protect Them

Tuesday 20 November 2018 13:30 - 16:45


                                                 TUESDAY 20 NOVEMBER 2018 – 1.30 – 4.45 PM

Registration:             1.15 pm

Venue:                       The Village Hotel, Wessex Fields, Deansleigh Road, Bournemouth BH7 7DZ

Please note there is no charge for BDLS delegates to park at the hotel – they just will need to note the exit code which is displayed in the hotel reception to leave the car park.

Cost:                           £100.00 – Member and Associate Members of BDLS/Trainee Solicitor                            

                                  £125.00 – Non Member of BDLS                                                                                                               

3 hours CPD

As we are all aware, social care costs featured in the Conservative party manifesto, but it is unclear if they will ever be implemented. However, the uncertainty almost certainly means that more clients will seek advice about transferring the house to children to avoid care home fees. Can it be done? If so what can be transferred, and when and how? Is there a criminal offence? If so will you be guilty of conspiracy?

The Care Act 2014 has a new provisions making it easier for LAs to bill donees with liability for care home fees.

Regulations about when a home can be disregarded when it is occupied by a relative have been tightened.

This seminar will deal with the changes already in force, and the new rules as far as is known. It will answer the myriad of questions that face the practitioner in this situation. There are many areas of law that overlap in these situations. Only when you fully understand all the aspects involved can you properly advise the concerned client. Please note this seminar will cover the English regulations only and does not consider the law applicable to Wales or Scotland.

The course will consider:

  • What are the chances of finishing up in a care home?
  • When does the Health authority have to pay?
  • Will the resident's income be taken into account?
  • Will a spouse or cohabitee of the resident be left with enough income to live off?
  • What capital assets will not be taken into account?
  • Does the resident have an equitable interest in another house?
  • Does a child have an equitable interest in the resident's house?
  • Deprivation of capital
  • What a local authority can do if there has been deprivation of capital
  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975 by local authorities
  • What advice should be given to clients concerned about care home fees
  • Effectiveness of asset protection trusts
  • Post lack of capacity position
  • The possibility of a claim by a LA under the Inheritance (Provision for Family and Dependants) Act 1975

This lecture will be presented by JOHN THURSTON, LL.B., TEP, Solicitor.  He is particularly interested in the law relating to wills, trusts, taxation, powers of attorney and elderly clients.  He is the author of “A Practitioner’s Guide to Powers of Attorney”, “A Practitioner’s Guide to Trusts”, “A Practitioner’s Guide to Inheritance Claims” , “A Practitioner’s Guide to Executorship and Administration” and “Estate Planning for the Middle Income Client” all published by Bloomsbury Professional.  He is also a contributor to “Tolley’s Administration of Trusts” and “Tolley’s Administration of Estates”, and contributed a section to “Tax Efficient Will Drafting” published by LexisNexis Butterworths. He is also a consultant.

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