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<copyright>Copyright &#169; 2012 Lanyon Bowdler Solicitors</copyright>
<pubDate>Sun, 05 Feb 2012 08:49:48 +0000</pubDate>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<title><![CDATA[Maternity Services in Crisis]]></title>
<link>http://blog.lblaw.co.uk/maternity-services-in-crisis-254/</link>
<description><![CDATA[
Maternity units are teetering on the brink under the relentless pressure of rising birth rates, warns Cathy Warwick General Secretary of the Royal College of Midwives, who announced her concerns to the media this week.
Over the past decade, the birthrate in the UK has increased by 19 per cent and is at its highest for over 26 years  yet the number of midwives available to care for mothers has increased by just 12 per cent, she explained. This renders the service at least 3,500 short of the number of midwives required to provide safe and high-quality care. 
Mrs Warwick explained that the historically high birth rate, increasing complexity of pregnancies and births and staff shortages meant that the safety of mothers and babies was too often being compromised and lives were being put at risk.
Last year it emerged that women were being forced to travel up to 99 miles in order to give birth after being turned away by overstretched maternity units.  Midwives have also spoken out against unsafe practices including the lack of supervision provided to mothers receiving epidurals. 
A recent survey reported that almost a quarter of mothers were left alone and frightened during labour because midwives do not have the time to provide one-to-one care.
The solicitors of Lanyon Bowdlers clinical negligence department have considerable experience in working with individuals and families facing the aftermath of all types of medical and clinical accidents. In particular our team has expertise in birth injury, cerebral palsy, obstetrics and maternal injury claims. 
Mothers and their families concerned about the standard of care provided to them are encouraged to contact the Clinical Negligence Department on 0800 9549936 for further assistance and advice. ]]></description>
<category><![CDATA[Clinical Negligence]]></category>
<pubDate>Wed, 05 Jan 2011 15:43:19 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/maternity-services-in-crisis-254/</guid>
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<title><![CDATA[Just What Will Free 'Personal Care' Actually Mean?]]></title>
<link>http://blog.lblaw.co.uk/just-what-will-free-personal-care-actually-mean-192/</link>
<description><![CDATA[
With the general election date now confirmed as 6 May, all the talk and media comment over the last few months about funding care for elderly people is probably reduced to so much hot air - again.  I wonder, anyway, how well most people have understood the current government's proposed free personal care for all people who have lived in a residential or nursing home for two years.  Among "most people" I include journalists and other media commentators because what I've read and heard has been at best ambiguous and not exactly guaranteed to enlighten the rest of us. What will be free, if whatever government we get next decides to take it forward, will be the "personal care" element of residential and nursing care.  People who are self-funding under the present rules, and local authorities for those who aren't, will still have to pay for board and lodging - which seems perfectly reasonable to me but will no doubt still provoke protests from some quarters.
If you'd like some advice, or would just like to ask a question - contact Sue on 01952 244721 or email her at sue.harris@lblaw.co.uk.  ]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Tue, 06 Apr 2010 18:10:35 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/just-what-will-free-personal-care-actually-mean-192/</guid>
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<title><![CDATA[The Impact of Lasting Powers of Attorney]]></title>
<link>http://blog.lblaw.co.uk/the-impact-of-lasting-powers-of-attorney-154/</link>
<description><![CDATA[
It's hard to believe it's two years since the arrival of Lasting Powers of Attorney (LPAs).  LPAs were introduced in October 2007 (during the implementation of the 2005 Mental Capacity Act) to replace Enduring Powers of Attorney (EPAs).  The Mental Capacity Act made big changes to the Court of Protection and in the way our affairs are dealt with in the event we became unable to look after our own finances.  This might be because of an accident, dementia or another degenerative illness that effects our capacity to make decisions.  
I was therefore interested to read an article by Stephen Ellis in a recent Saturday Daily Telegraph about the impact of these changes.
By way of background, the Court of Protection exists to hear cases involving those who have become unable to look after all their own affairs but who (generally) had not previously put in place an LPA or EPA.  Broadly, its role is to make decisions on behalf of individuals (sometimes where there is dispute over what is in their best interests) who lack capacity themselves to make a decision and/or appoint a deputy to act for the individual concerned.  Deputies can range from family members, to solicitors or even to the local authority.  
According to Stephen Ellis, the Court of Protection dealt with about 23,000 cases in each of its first two years, assigning responsibility for assets totalling 3.2 billion.  The Office of the Public Guardian (OPG) [the executive agency responsible for administering deputyships and registrations of LPAs and EPAs] charged a total of 23m in fees for overseeing the activities of deputies and has attracted more than 2,300 complaints
Stephen goes on to point out that experts are warning older people that their loved ones could face a nightmare of bureaucracy and expense, if they do not have a LPA or EPA in place and become mentally incapable of managing their own affairs.
LPAs (and EPAs that were validly executed before 1 October 2007) ensure that an individual (whilst they have capacity) is able to decide exactly who they would wish to handle their affairs in the event they are unable to do so.  Without an LPA, if you lose your capacity to make decisions, the Office of the OPG has a signigicant involvement.  Thats when it starts to get expensive.  Just to start with, the OPG can often charge an annual fee of 1,000 for supervision.  There is also the cost of the annual premium for the Deputys compulsory security bond and (often) solicitors annual administration fees on top of that. 
Furthermore, (depending on the level of supervision that the Court of Protection imposes) your deputy may have to seek agreement from the Court/OPG before they are able to invest or spend significant sums of money on your behalf for your benefit.
I don't want to be too negative about the Court and the OPG.  They have greatly improved their levels of service over the last 12 months.  The improvements, I think, are largely down to the efforts of the new Public Guardian, Martin John.  He is young, very dynamic and genuinely wants to deliver improvement and innovation.  Also, such criticism can easily drift into why oh why....." territory without offering any solution.  Fan as I am of the Mail on Sunday, its recent front page article about the Court (you know the sort of thing: threat to house prices from failures at OPG....) contained only an ounce of accuracy and was far from constructive.
However, such articles clearly hit a raw public nerve about fears concerning state interference, lack of control and rampant costs.  Here is an example in the form of a comment about the OPG on http://www.guardian.co.uk/:  posters on an internet forum have complained of "bullying" letters and "being treated like a criminal" after being deemed unsuitable to look after their relatives' affairs.  Moreover, whatever improvements there have been at OPG, they started from the lowest possible base.
Putting in place an LPA is more time consuming and costs more than the old EPA.  However, if you want peace of mind, you want to cap the costs of administering your affairs if you lose capacity and you want your loved ones in full control at that time, I recommend you ask your legal advisor about setting one up as soon as possible. ]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Sun, 15 Nov 2009 16:22:55 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/the-impact-of-lasting-powers-of-attorney-154/</guid>
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<link>http://blog.lblaw.co.uk/avoid-elderly-snatch-by-state-make-a-health-and-welfare-lpa-130/</link>
<description><![CDATA[In April 2009, great-grandmother Betty Figg was snatched by social workers against the wishes of her daughter, her former carer. Social workers arrived with police and a battering ram to remove the 86-year-old woman suffering from dementia from her daughters house. The media quickly spread pictures and video footage of Betty being taken from the house in her wheelchair with a towel thrown over her head.  It seems social services did not agree with Bettys daughter that it was in Bettys best interests to be cared by her daughter in a specially converted room, in her daughters home.  Could this happen to you and your family?  There is a way that it can be avoided; by giving a health and welfare lasting power of attorney to a family member, social services are prevented from making care decisions. Without this document, social services can make decisions on behalf a vulnerable person, if they think they lack mental capacity and believe it is in their best interests. They do not have to follow what the family want and cannot be liable for their decisions.   All older people need to plan ahead and make a health and welfare lasting power of attorney. It is an important document and sensible to get advice about the choices you have. What happened to Mrs Figg may never happen to you, but if it does, you and your family will be glad you made the power.]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Mon, 17 Aug 2009 11:22:12 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/avoid-elderly-snatch-by-state-make-a-health-and-welfare-lpa-130/</guid>
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<title><![CDATA[Edward Offers Some Practical Advice About Long Term Care]]></title>
<link>http://blog.lblaw.co.uk/edward-offers-some-practical-advice-about-long-term-care-124/</link>
<description><![CDATA[A recent study conducted by Saga suggests 62% of Britons over the age of 50 are happy with the prospect of living in a care home later in life.  Just 2% of the older generation expect to receive long term care from their children. It seems that the study may have 'exploded the myth' that older people prefer to depend on their families for housing and round-the-clock care in later lifeLast week the Government announced plans for an overhaul of care services in Britain, ending the 'post code lottery' problem associated with the current means-tested system.Health Secretary Andy Burnham revealed proposals for a National Care Service after some elderly Britons have been forced to sell their homes or use their savings to pay for long-term care  because they were ineligible for NHS funding from their local primary care trust.Edward Rees, Partner and Head of Private Client at Lanyon Bowdler has these practical comments to make.  Firstly, dont panic!  You may never need residential or nursing home care: fewer than 6% of all people aged 75 - 85 need residential care.  However, it is best for families to plan for the future, consider the possibility of funding long term care and seek professional advice about the full range of options available.  You might think that the answer to the dilemma is to transfer property or investments to close family members whilst youre fit and well.  If that is your instinct  slow down!  Dont be impulsive and dont make any move before taking advice.  Lifetime gifts may not be the answer and, even if you have explored all the risks and the benefits, they certainly should not be rushed into.  Before you do anything, have a discussion with your private client expert first.]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Tue, 21 Jul 2009 15:12:26 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/edward-offers-some-practical-advice-about-long-term-care-124/</guid>
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