Elderly Clients: A Precedent Manual will assist the private client adviser tackle a comprehensive range of issues affecting the elder client including the difficult and ever-changing problems of planning for their client's possible incapacity in later life, sharing residential accommodation, care contracts, social security agents and appointees, funeral planning, receivership, wills and equity release schemes.
A wealth of expertly drafted precedents covering the whole range of matters that might arise is included. Checklists assist the adviser in such matters as registering an Enduring Power of Attorney and establishing whether the client has authority to make a will or gift.
Each chapter has been thoroughly revised to take account of all major developments, including:
The book includes a free CD containing all precedents, enabling you to tailor each precedent to suit your particular needs.
"I wholeheartedly recommend that all high street practices and personal client departments of firms obtain a copy of this book"
Law Society Gazette
"…excellent value and a worthy addition to the bookshelf from which it should be taken for use frequently"
Eagle
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| 1 | Request for written confirmation of instructions given by an intermediary
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| 2 | Consent enabling a solicitor to continue to act for one party where he or she had been acting for both parties until a conflict of interest arose
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| 3 | Confirmation of instructions to act for one of two or more clients whose interests may conflict
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| 4 | Request for documents to satisfy money laundering requirements
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| 5 | Request for documents to satisfy money laundering requirements (home visit)
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| 6 | Checklist when proposing to act for different members of the same family
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| 7 | Law Society client care leaflet
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| 8 | Law Society money laundering guidance
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| 1 | Client's consent to the disclosure of confidential information for the purpose of assessing his or her capacity
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| 2 | Letter to a GP requesting evidence of a client's managerial and testamentary capacity
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| 3 | Medical certificate of donor's capacity to execute an enduring power of attorney
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| 4 | Medical certificate on donor's recovery
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| 5 | Certificate of testamentary capacity given by a solicitor acting as an expert witness
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| 1 | Contractual licence
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| 2 | Declaration of trust where an elderly person and a younger couple buy a property jointly
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| 3 | Declaration of trust where an elderly person pays for the construction of a granny annexe and acquires a beneficial interest in the property
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| 4 | Agreement recording the terms of a loan made by an elderly person towards the cost of constructing a granny annexe
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| 5 | Declaration of trust where a carer moves into an elderly person's home and acquires a beneficial interest
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| 6 | Declaration of trust of 'right to buy' property
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| 7 | Clause providing for the gradual diminution of the parent's beneficial interest in a 'right to buy' property
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| 1 | Letter to client considering the possible consequences of a proposed gift by reference to the Law Society's guidelines
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| 2 | Declaration of trust recording the occupation and income rights of an elderly parent who has transferred a house to his or her children
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| 3 | Ordinary power of attorney authorising the attorneys to make gifts
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| 4 | EPA clause prohibiting the making of gifts
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| 5 | EPA clause prohibiting the making of gifts without the consent of the donor's solicitor
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| 6 | EPA clause defining trustees as persons who are connected with the donor
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| 7 | EPA clause defining 'seasonal'
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| 8 | EPA clause defining 'anniversary of a birth'
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| 9 | EPA clause in which the donor authorises the making of gifts for tax-planning purposes
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| 10 | EPA clause restricting the value of the gifts made by an attorney in any one year
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| 11 | Application for an order or direction authorising gifts to be made from the estate of the donor of a registered EPA
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| 12 | Affidavit in support of an application to the Court of Protection for an order authorising gifts to be made out of the estate of the donor of a registered enduring power of attorney
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| 13 | Letter to the Public Guardianship Office for a direction to make small gifts on behalf of a patient
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| 14 | Application to the Court of Protection for an order to make gifts from a patient's estate
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| 1 | Client handout: choosing a care home
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| 2 | Client handout: visiting a care home
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| 3 | Agreement to stay at a care home for a trial period
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| 4 | Flowchart of complaints about care homes
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Forms
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| 1 | BF73: Appointment of (long-term) agent
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| 2 | BF74: The agency card
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| 3 | BR441: Authorisation of agent for a person in Part III accommodation
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| 4 | BR442: Standing authority for payment to the signing agent
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| 5 | BF56: Application for appointment to act on behalf of a person unable to act
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| 6 | BF57: Notification of appointment of appointee
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| 7 | BF57A: Notification of appointment of hospital manager as appointee
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[Heading]
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| 1 | General power of attorney
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| 2 | General power of attorney subject to restrictions
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| 3 | Trustee power of attorney
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| 4 | Notice of creation of a trustee power of attorney
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| 5 | Appropriate statement made pursuant to the Trustee Delegation Act 1999, s 2
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| 6 | Power of attorney given by an executor
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| 7 | Deed of revocation of power of attorney
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| 8 | Solicitor's letter giving attorney notice of revocation
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| 9 | Statutory declaration of non-revocation for the purpose of a Stock Exchange transaction
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| 10 | Statutory declaration of non-revocation for land registration purposes
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| 11 | Certification of a copy of a power of attorney
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Forms
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| Schedule to the Enduring Powers of Attorney (Prescribed Form) Regulations 1990: Prescribed form of EPA
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| Court of Protection (Enduring Powers of Attorney) Rules 2001, Schedule 1:
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| Form EP1: Notice of Intention to Apply for Registration
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| Form EP2: Application for Registration
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| Form EP3: General Form of Application
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| Form EP4: Application for Search/Office Copy
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| Form EP5: Certificate of Result of Search
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| Form EP6: Witness Summons
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| Form EP7: Notice of Appeal
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[Heading]
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| 1 | Clause deferring the use of an EPA until the onset of the donor's mental incapacity
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| 2 | Clause requiring medical evidence of incapacity to be produced prior to registration of an EPA
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| 3 | Clause authorising attorneys to delegate the management of investments
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| 4 | Solicitor acting as attorney: professional charging clause
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| 5 | Clause (in a separate instrument) appointing an alternative attorney when the original attorney ceases to act
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| 6 | Clause (in the one instrument) appointing an alternative attorney when the original attorney ceases to act
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| 7 | Clause requiring the attorney to notify additional persons of intention to apply for the registration of the EPA
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| 8 | Clause authorising disclosure of the donor's will to the attorney
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| 9 | Clause in a new EPA revoking a former EPA
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| 10 | Solicitor and any one of two or more other attorneys to act jointly on any one occasion
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| 11 | Application to the Court of Protection to dispense with the requirement to give notice to the donor of the attorney's intention to apply for registration of an EPA
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| 12 | Application to the Court of Protection for leave to submit an out-of-time application for registration of an EPA
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| 13 | Objection to the registration of an EPA
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| 14 | Disclaimer by an attorney acting under an EPA
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| 15 | Notice to Public Guardianship Office of disclaimer of attorneyship under registered EPA
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| 16 | Application for cancellation of registration on donor's recovery
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| 17 | Attestation clause where EPA is executed at the direction of the donor
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| 18 | Statutory declaration of non-revocation of EPA
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| 19 | Letter to the Public Guardianship Office enclosing application to register an EPA
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| 20 | Amendment to explanatory information in the prescribed form of EPA
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| 21 | Memorandum of wishes of donor of enduring power of attorney
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Forms
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| The first three - bulleted - forms appear in the Court of Protection Rules 2001 (SI 2001/824), as Forms A-C respectively. The CP references are non-statutory.
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| Court of Protection Rules 2001, Schedule:
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| General Form of Application (Form CP9)
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| Witness Summons
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| Notice of Appeal
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| Appendix to the Court of Protection Rules 2001: Court of Protection Fees
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| Medical Certificate on the Recovery of the Patient (Form CP2)
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| Medical Certificate (Form CP3)
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| Statement of Client's Assets and Income (Form CP5)
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| Receiver's Declaration
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| Notification Letter
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| Notification to Patient of First Application (Form CP6)
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| Certificate of Service of Notification of First Application (Form CP7)
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| Short form assessment of costs
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[Heading]
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| 1 | Letter to the Public Guardianship Office requesting that an alleged patient's GP should complete and return Form CP3
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| 2 | Solicitor's letter in support of an application for a short order or direction
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[Heading]
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| 1 | Living will: refusal directive
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| 2 | Living will in which the maker defines an intolerable condition
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| 3 | Living will: any supervening illness is not to be actively treated
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| 4 | Living will: maximum treatment
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| 5 | Living will: treatment preferences
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| 6 | People to be consulted before a treatment decision is made
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| 7 | Letter registering a living will with a client's GP
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| 8 | Living will card for carrying in a wallet or purse
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[Heading]
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| 1 | Grant of exclusive right of burial in a local authority cemetery
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| 2 | Assignment of exclusive right of burial in a local authority cemetery
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| 3 | Application to the incumbent for permission to erect a memorial in a churchyard
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| 1 | Will leaving the entire estate to the spouse, failing whom, to the children
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| 2 | Will of widow: one half of the estate to her late husband's family and the other half to her own family
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| 3 | Will of widow: everything to go to her only daughter
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| 4 | Will of married man whose wife is suffering from dementia
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| 5 | Will making alternative provision for the testator's widow depending on whether she has the capacity to manage her property and affairs at the time of the testator's death
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| 6 | Will leaving the residuary estate to charities
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| 7 | Will of married man: residue to wife for life, reducible on remarriage
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| 8 | Second or subsequent marriage in later life: contract waiving succession rights
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| 1 | Application to the Court of Protection for an order authorising the execution of a statutory will
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| 2 | Affidavit in support of an application for a statutory will
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| 3 | Statutory will: commencement
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| 4 | Statutory will: testimonium and attestation clause
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| 5 | Statutory will: consent of proposed executor or trustee to act
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| 6 | Receipt and undertaking for safe custody of a patient's will
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| 7 | Missing beneficiaries (long form)
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| 8 | Missing beneficiaries (short form)
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| 9 | Certificate by solicitor as to the suitability of a person to act as guardian ad litem for a respondent to a statutory will application
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| 10 | Consent to act as guardian ad litem
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Equity Release Lifetime Mortgage
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[Heading]
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| 1 | Checklist of issues for carer to consider before having an assessment by the local authority
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| 2 | Possible referral form for GP or another person with professional knowledge of the carer and the person being cared for to complete
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| 3 | Request by solicitor on behalf of a client who is a carer to the local authority for a carer assessment to be carried out
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| 4 | Checklist of issues to be considered when arranging care direct
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| 5 | Checklist of possible of areas to discuss with a carer living with the service user
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| 6 | The social services complaints procedure
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| 7 | Letter requesting the local authority to begin a local investigation of the complaint
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| 8 | Letter requesting the CSCI to consider a complaint
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| 9 | Employing care workers - contractual and regulatory issues to consider
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| 10 | Employment agreement for a carer
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