The Government has now published a Green Paper in an attempt to address the contentious issue of the funding of long term care.  It presents three suggestions, and a consultation period will run until November 2009 when it expects that the chosen system will be published in a White Paper next year.   It is proposed that the system itself will be phased in from 2014.

The Government has ruled out funding the whole cost itself as this would require taxes to be increased substantially.

Should we therefore stop worrying about how we are to address the issue of care home and nursing home fees?  Certainly not:-

·       Whichever system is chosen some cost and we do not know at this stage how much will fall on the individual.

·       Also it is not certain that the measure will reach the statute books given that a general election is looming.

·       In addition the country’s finances are in a weakened state as a result of the banking crisis and one wonders where the Government’s money is going to come from.

Accordingly we are advising our clients that they should still plan their financial affairs as they have in the past on the assumption that the cost of care home and nursing home fees will fall on the individual.

If you require any advice please do not hesitate to contact us.

Congratulations to Mark and his wife Emily on the birth of their daughter.   Ffion Sophie Roberts  was born on Wednesday 17th June.

Since October 2008 Landlord’s have been required to provide an energy performance certificate.  Prior to that date legislation was introduced to require Landlords to provide a gas saftey certificate and join a tenancy deposit scheme.  Now the government is considering requiring all Landlords to obtain a licence at a cost of £50.  The idea is that a Landlord cannot let a property without being licensed and can have his licence revoked if for example he fails to carry out any necessary repairs.

If this helps to weed out unscrupulous Landlords fair enough, but it will of course be the tenants who bear the cost by way of increased rent!

Partner Jacqueline Marsland and Solicitor Nicola Jones attended the First Time Buyers Fair at Glyndwr University on 18th April 2009.  The fair was to provide people with information about the legal process, mortgages, negotiating prices and affordable housing schemes.  The event was well attended and feedback indicates it was also helpful.  Any questions about the legal processs of buying a house can be sent to Nicola at nj@hpblaw.co.uk

Thank you everyone for their support on Saturday.  We hope that people found the day informative.  The winner of the bottle of Champagne was Amy Davies.

Remember you can contact us for more information and we also provide a free half hour.  Please contact Jacqui Marsland or Nicola Jones

The Court of Appeal has made it very clear that the  fluctuations in the value of assets we are seeing at the moment are not a reason for a previous court order to be varied.  For example the value of the former matrimonial home may have dropped since an order was made and the lump sum due to be paid to the person leaving was based on the original higher valuation.  No matter how dramatic the fall in value the Courts have said these Orders will not be overturned.

As from 6th April it will not be possible to put your property on the market for sale without the initial elements of the Home Information Pack.  This is the end to the concession whereby you could market your property on the basis your HIP was ordered but not yet received.  We at Hopley Pierce & Bird can help you comply with the regulations by ensuring your HIP is available as quickly as possible.  Please contact us for more information.

This morning GMTV reported on the growing crisis regarding the care for those with Dementia and the funding of medicines.  Whilst we hope that this probelm does not affect your family it is expected that there will be some 750000 suffering from this by 2020.  The problems associated with accessing a persons assets who is suffering from dementia can be overcome if a Lasting Power of Attorney is executed prior to the loss of mental capacity. We can help you with this, please contact us for further information.

As from 6th April 2009 the concession to allow first day marketing of properties without a Home Information Pack will cease.  There are concerns that some of the regulations are not clear enough and loopholes could be used to flout the law.  Contact us if you are intending to market your property and we will make sure you are compliant.

Proceedings in Family Courts, for example Child Contact applications have until now NOT been open to the media.  This will change from April this year when accredited media will be allowed to report on hearings unless a child’s welfare will be adversely affected.  The reasoning behind this is to provide a more transparent system.  This will not however extend to Adoption proceedings which will remain closed.