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Who can join
You can join SFE if you are legally qualified; whether as a Solicitor, Legal Executive, or Barrister.
If you have been qualified over 3 years but under 5 years then you can become an associate member. If you are have been qualified over 5 years you may be a full member provided you undertake at least 50% of elder client work or qualified over 10 years and undertake at least 25% of elder client work. For the avoidance of doubt the period of experience commences from the date of qualification as a barrister, solicitor or a member of the Institute of Legal Executives.
In exceptional cases people may be invited to be a coopted member, although they do not meet the set criteria. These are usually limited to those working for Local Authorities, charities or have exceptional experience in the legal profession but who are not qualified as a solicitor, barrister or Legal Executive.
You will on joining agree to follow the code of practice. For details of the Code of Practice, click on the Code of Practice Box on the left hand side of the web site.
How to become a member
You will need to complete an application form, a question paper and pay the subscription fee.
The Application form
Click here to download the application form - http://www.solicitorsfortheelderly.com/uploads/membershipapplication_v2.doc
Code of Practice
To view a copy of the Code of Practice which should be read prior to application for membership, please click on the following link - http://www.solicitorsfortheelderly.com/uploads/sfe_code_of_practice.doc
Student Membership
As a student member, you will receive all the benefits of full membership, except that we will not be referring business to you. You will need to provide us with the names of 2 referees who know you in a professional capacity, at least one should be from you current employer or legal course.
The Question Paper - Sample Question and AnswerFrom 1st November 2004, all applicants applying for either Full or Associate membership status will need to be supported by the completion of a question paper. The question paper should take you no longer than 1 hour to complete. Answers are to be in bullet points. The papers will be marked and returned to you with confirmation of membership or if you have not passed the minimum pass rate then reasons will be given. From June 2006, a one off examination fee is payable of £50, in additon to the membership fee.
SAMPLE QUESTION EPA
Miss Smith is an old client of yours. On the telephone she tells you that her mother, who lives 200 miles away, has been diagnosed as being in the first stage of Alzheimer’s. She needs you to prepare an EPA for her mother as soon as possible.
What advice do you give, and what action do you take?
SAMPLE ANSWER EPA
Explain to Miss Smith that an Enduring Power of Attorney (EPA) is a powerful document and therefore instructions really should to be given by her Mother as she is the Donor. In this context the client is Mrs Smith rather than her daughter Miss Smith. It would be possible to advise Miss Smith if she required advice on her position as Attorney. If the EPA was executed then Miss Smith is the statutory agent of her Mother.
To be able to take instructions for the preparation of an EPA from Miss Smith then would need to obtain written instructions from Mrs Smith that she is happy to instruct to act the firm to act on her behalf in this matter. However, if dealing with the matter purely in writing or by taking distance instructions then it is more difficult to assess whether there are any duress, undue influence or capacity issues, without having the benefit of meeting with Mrs Smith on her own.
Best practice would be to recommend that Mrs Smith meet with a solicitor local to her (on the basis that she is not in a position to come to the firm) to discuss her instructions in person and deal with any queries that she may have.
In view of Mrs Smith’s recent diagnosis, the solicitor should request a written statement from her Dr addressing Mrs Smith’s ability to understand the nature and effect of the EPA and in particular understand that:
(i) That the Attorney will be able to assume authority over her affairs
(ii) That the Attorney will, in general, be able to do anything with her property which she could do personally
(iii) That the Attorney’s authority will continue if she is or is becoming mentally incapable (i.e. can be used as the Alzheimer’s progresses)
(iv) That if she is or is becoming mentally incapable, the EPA cannot be cancelled without confirmation by the Court of Protection
If the Dr is happy that the above has been understood by Mrs Smith then it would be sensible for the EPA to be witnessed by that Dr.
If the Dr is unable to confirm that Mrs Smith has the necessary capacity to make an EPA then Miss Smith will need to be advised that to be able to look after her Mother’s financial affairs then she will need to make an application to the Public Guardianship Office for a Receivership Order.
After 1 October 2007 Mrs Smith will not be able to create an Enduring Power of Attorney but may consider making a Lasting Power of Attorney under Mental Capacity Act 2005.
The aim of the question paper is to raise the standards of members who are expected to have a good understanding of the the law and best practice affecting the older client, their families and carers.
To obtain the question paper please email our administrator Sue Carraturo on admin@solicitorsfortheelderly.com Sue will send you the question paper by return.
Subscription
The annual subscription is £100, payable on joining and renewal on the 1st October each year. Anyone joining between June and October will not have to pay a renewal fee until the following October. From 1st October 2007, subscriptions for renewals will increase to £125, however if the subscription is paid by the 1st October the fee is £100. This is to provide an incentive for timely payments, as we have spent a disproportionate amount of time chasing renewals from people who are consistently late in paying their fees. If members pay on time there is no increase in fees.
Why Join?
Members join for many reasons, but without a doubt the biggest benefit members get are the monthly newsletter giving regular updates that affect the older client.
Regional groups provide cost effective local training qualifying for CPD hours.
The members' area of the web site is a great resource tool, which has details of books, barristers, Local Authority Circulars, statistics, care homes, amongst other things, all of which are useful to the busy practitioner.
You can join the email forums and ask other lawyers questions that you need help with. Unlike web forums, the email is sent by you and sent to all on the link for them to help, if they can.
We hold an annual national conference, in London. As a not for profit organsiation the conferences are realistically priced, with great speakers on subjects that affect you and your clients.
Many charities and voluntary organisations refer clients to SFE and we receive hundreds of calls from the public every year looking for a lawyer in their area.
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