AS we approach retirement, most of us will be looking forward to enjoying the fruits of a lifetime's hard work.

Nobody likes to worry about getting ill or losing their independence. After all, we can take comfort from the fact that the tax we have paid over the years will cover any health or care costs. Or will it?

A generation of people have grown up believing the State will pay for their health and care needs from cradle to grave. So it comes as a shock to find that money that has taken years to earn might have to be used up, or property sold, to pay for care in later in life.

Here's where solicitors can help advising older people on preparing for the future and ensuring their family and friends benefit from the inheritance due to them.

Government proposals on funding residential and nursing care won't help people struggling to pay for care or trying to plan for later life. For people still have to contribute to the cost even though the Government has promised that nursing care will be given free of charge in the future.

Plans to meet the full cost of care were included in the Queen's Speech on December 6 but the plans say only nursing care given by registered nurses in nursing homes will be provided free by the NHS.

This does not go far enough to solve the problems people face in paying for long-term care or define exactly what constitutes 'nursing care'.

Arranging and paying for care is now so confusing that older people's need for help and advice is more pressing then ever, especially if they own property.

Many people think giving their home away to relatives means it won't have to be sold to pay for care if they need to move to a residential or nursing home, for example. But there is no guarantee that their homes will not be counted against the cost of care.

The most important issue is the intention behind the gift and if a person gives property away just to avoid paying for care it may be counted anyway.

The Law Society has issued guidelines to solicitors to warn clients of the risks and consequences of giving property away.

The guidelines help solicitors ensure their clients make the right decision and that vulnerable older people are not forced to sign their homes over to abusive or unscrupulous relatives.

Solicitors must also be able to tell if their clients lack the mental capacity to make decisions for themselves there is no harm in a ralative or friend helping an older person but solicitors must be sure they act on the cleint's wishes on not on any third party's.

The Law Society encourages solicitors to take practical steps too, such as offering to visit an older client at home if it's difficult for them to get around.

Nobody can predict the future but solicitors are on hand to help people make the best decisions they can at a time they need it most.

The guidance is contained in 'The Elderly Client Handbook: The Law Society's Handbook to Action for Older People'. To find a solicitor, log on to www.solicitors-online. com.