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  • Writer's pictureBen Slater

Navigating Practice Direction 9E: A Guide to Statutory Wills and Client Care by Nellie Supports

Navigating the complexities of statutory wills can be a daunting task. At Nellie Supports, we understand the importance of ensuring our clients' wishes are accurately reflected, especially when they may not be able to articulate these themselves. This is where

Will with pen and hammer

Practice Direction 9E plays a crucial role.

Personal Needs and Circumstances: One of the cornerstones of Practice Direction 9E is a thorough understanding of the client's personal needs and circumstances. Our experienced Social Workers gain this evidence through the completion of a care assessment, care plan and brokerage report giving you all of the relevant and neccessary informaiton to support your client.

  • Current Care and Medical Needs: At Nellie Supports, we begin with a detailed statement outlining our client's current care and medical needs. This involves a comprehensive assessment of their health and wellbeing, ensuring that every aspect of their care is meticulously documented and addressed.

  • Future Care Estimates: Our commitment extends to future care planning. We conduct detailed evaluations to estimate future requirements, ensuring that our clients' evolving needs are anticipated and planned for.

  • Overall Circumstances: We also provide an overview of the client's general circumstances, taking into account both health and social factors. This holistic approach ensures that all aspects of their wellbeing are considered.

Accommodation Details: Accommodation plays a vital role in our clients' lives, especially for those residing in NHS accommodation.

  • Evaluating Discharge Plans: For clients in NHS accommodation, we conduct thorough evaluations of potential discharge plans, aligning them with their care needs and preferences.

  • Exploring Accommodation Options: We also explore possibilities of transferring to local authority accommodation, fee-paying facilities, or facilitating a return to their own home, always keeping the client's best interest at heart.

Medical Condition and Testamentary Capacity: A crucial aspect of Practice Direction 9E is assessing the client's medical condition and testamentary capacity.

  • Current Medical Condition: As part of our Social Care Assessment we provide up-to-date reports on our clients' current medical condition, drawing from comprehensive assessments that include medical history, current treatments, and specialist consultations.

  • Life Expectancy Assessment: Our expert in life expectancy compeltes a CPR 35. Compliant report with a through analysis of all relevant availible information to assesses life expectancy, crucial for future planning and understanding the client’s care needs over time.

  • Expenditure Evaluation: We evaluate the likelihood of increased expenditure due to health or care needs in the foreseeable future, ensuring financial planning is robust and reflective of the client's needs as part of our care planning and brokerage reports.

  • Testamentary Capacity Assessment: Perhaps most importantly, we conduct a detailed assessment of testamentary capacity. This focuses on the client's understanding of the nature of making a will, their estate's extent, and comprehension of potential beneficiaries' claims, aligning with the principles set in the case of Banks vs Goodfellow (1870).

COP3 Form Completion: An essential part of this process is the completion of the COP3 form, annexed to the testamentary capacity assessment. Nellie Supports provides this crucial documentation, ensuring all legal requirements are met with precision and care.

At Nellie Supports, we are dedicated to providing holistic support that aligns with Practice Direction 9E's requirements. Our approach ensures that our clients' needs, preferences, and best interests are at the forefront of statutory will preparations, offering peace of mind and legal assurance in these sensitive matters.

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