Reviewed by: Edward Keazor, Liz Boultwood and Sheelagh Donovan
Author: Caroline Bielanska and Martin Terrell (editors)
Publisher: The Law Society
ISBN: 9781853285349
Price: £59.95

The Elderly Client Handbook, now in its 4th edition, is written and updated by members of Solicitors for the Elderly and covers a wide range of issues faced by practitioners in the field.

The book is divided into four main parts.

A. The Legal Framework

This first part forms a theoretical basis for the other more specialised content in the handbook, looking at the nature and capacity of, as well as the practitioner’s relationship with, the older client.

It covers issues such as assessment/tests of capacity, carers taking instructions, practice management and duties of firms servicing elderly clients, as well as State Benefits, Powers of Attorney, the jurisdiction of the Court of Protection, Deputies, and the law and practice relating to legal proceedings on behalf of elderly and vulnerable clients.

The chapter on ‘Elderly clients, Society and the Law’ covers key issues such as capacity and impact on specific contracts, civil status/responsibility, discrimination, marriage and civil partnership (and breakdown), grandchildren, cohabitation, abuse and domestic violence, the UN Convention on Human Rights and the Equality Act 2010.

This part is insightfully written and the only criticism is that in some areas it tends to duplicate content covered later on in the book.

B. Welfare and Medical Treatment

The chapters on social care provide a comprehensive summary of the law, guidance and professional standards required in this area.

This section is written in an easily understandable manner suitable for both experts and non-practitioners who may need to occasionally dip into the text.

However, there are a number of long, bullet pointed, lists of legislation and government policy guidance, which could be awkward for the non-expert to utilise.

Also, the complex overlap with health services could have been highlighted at certain points, for example regarding free NHS Continuing Care and Intermediate Care or re-ablement.

The chapter on the older person’s right to an assessment would benefit from being more simply stated, based on the general low threshold requirement.

However, the role of the Local Government Ombudsman could have been explored in more depth, for example in relation to the new right of self-funders receiving services to complain to it.

The chapter on the role of the Care Quality Commission in relation to care homes is fairly far-reaching and helpful. Despite these minor points, the chapters relating to social care will represent an extremely useful addition to the resources of a wide range of professionals beyond just lawyers, for example those working directly in the field, voluntary organisations and also for those carrying out academic and research work.

The chapters relating to healthcare are comprehensive and well written. The only concern is that while the content is factually correct in reference to PALS/ICAS, the distinction between the rest of the UK and Wales could have been clearer.

Also, in reference to NHS Continuing Healthcare decisions, the reference to appeals to the Care Quality Commission needs to be corrected since the CQC is not involved in these decisions

C. Finance and Benefits

In relation to the chapters on social security benefits, practitioners should not use this handbook as a primary information source about social security benefits or state pensions.

Only a short section is included on the subject, which necessarily limits the amount of information and the level of detail that can be given.

On the positive side, the section does give some pointers to sources of more detailed information, including Age UK factsheets, lists the relevant statutes and is reasonably good on appeal procedures. This is all that the authors could hope to achieve when such a huge subject is dealt with in only a few pages.

Other areas could have benefited from better fact-checking. For example, information on age limits and qualifying ages is inaccurate in many places and benefits like family credit and disability working allowance, which were abolished years ago, are referred to as if they still exist.

The chapter on employment is focused on practitioners acting for the elderly client employer and employee. It covers, in succinct and clear detail, a traverse from the creation of the contractual relationship and the contractual status of different types of employees, all the way to the recruitment process, highlighting both best practice and legislative advances.

In particular, it deals with the burning topic of discrimination and highlights the impact of the new Equality Act 2010, vis-à-vis previous legislation. While practitioners would require the issues to be covered in greater detail, it is extremely useful as a ready reference in that it covers the issues comprehensively and in succinct and effective language.

The chapter on housing covers issues like owner occupation, long residential leases, tenancies, licences, homeless persons, special situations and equity release.

The tenancies section requires corrections where it talks about tenants’ rights equalised with those of licensees or where it states that notice to quit is not required to terminate secure or assured tenancies. Also, although housing associations cannot give an introduction tenancy, they can give probation tenancy to all their new tenants.

The right to buy section incorrectly states that a tenant has a right to buy after two years, but this is only correct if a tenancy was given prior to 18 January 2005.

D. Inheritance and death

This part of the book contains highly detailed and knowledgeable coverage of a variety of issues in three chapters: i. Gifts (covering taxation including Capital Gains and Inheritance Tax, capacity, and perfection of gifts in detailed but clear language); ii. Testamentary dispositions (covering Succession, Wills, Intestacy and inheritance) and lastly; iii. Death (i.e registration of deaths, coroners, Inquests and funeral arrangements).

It helpfully simplifies what in practice is a complex area of inheritance law. This chapter is detailed and comprehensive in its coverage and will be an invaluable quick reference for the practitioner.

The book also usefully contains appendices of the Law Society’s practice notes on lasting powers of attorney and making gifts of assets, as well as Solicitors for the Elderly advice notes on home visits and guidance for recognising, preventing and dealing with the abuse of older and vulnerable people.

In conclusion, the Elderly Client’s Handbook generally lives up to its reputation as a general reference tool for practitioners advising elderly clients by providing a composite reference in one volume.

While it is however difficult to ignore some of the inaccuracies in certain sections, such as the social security and benefits section, the overall utility of this book is in focusing a huge body of information into a precise, clear and hugely informative body of work, which will no doubt continue to be a useful addition to the libraries of practitioners providing services to elderly clients.

Edward Keazor, Liz Boultwood and Sheelagh Donovan are Age UK Information Specialists

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