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Bloomsburry Family law


With Respect to Old Age

The main recommendation of the Royal Commission, that the cost of long term health and personal care for older people ought to be met by the taxpayer, could not have taken the Government by surprise. The research evidence was well known before the Royal Commission started work. It concludes that the great majority of the public, irrespective of age, wealth or political preference, feel that the provision of a basic level of long term care should be a public responsibility.

In Practice

The Report of the Royal Commission on Long Term Care states that the current system for funding residential care is particularly characterised by complexity and unfairness in the way it operates.

Trusteeship Liability and Protection

The aim of this article is to examine the protections available to trustees for breach of trust, and in particular trustee exemption and indemnity clauses, in the light of recent case law. Exemption clauses will generally exonerate the trustee from the consequences of certain actions so he is not liable at all; an indemnity clause will indemnify the trustee from such actions so that even if he is liable he can claim reimbursement. Indemnity clauses may allow the trustee to claim from the fund itself or (particularly where the fund is being wound up), seek indemnity from beneficiaries.

Making an E.P.A is easy or is it?

It seems such a harmless document, a doublesided A4 sheet, with easy gaps to fill in, for the Donor to sign and to be put away in a strong room. Never has such a harmless looking piece of paper had a time bomb ticking away on it. It is necessary for every practitioner, not just those dealing with the elderly, to be aware of the dos, dont and dangers. It is so easy to be distracted, in a rush, eager to please the client, delegate the task to a junior member of staff, but at all times we must remember we are consulted for advice and guidance, not just to fill in a form. The aim of this article is to provide a checklist of steps to be taken when obtaining instructions and preparing Enduring Powers of Attorney and some practical tips.

The first 100 days. A case study

I have every faith in your abilities Jane, I know you can sort this firm out. Those infamous words of encouragement from John Parsons (57), the firms Senior Partner, were uttered just before Christmas, 1999. They had echoed continually around Jane Allens (39) head every since. By Tom Kennie and If Price.