The Team provides specialist advice in the following areas:-
Care Fees And Who Should Pay Them
Clients are often faced with the daunting prospect of signing a Care Home Contract before they have even come to terms with the decision that they may no longer be able to return home. Obviously this can be a very distressing time for the client and their loved ones.
Finding the right Home and dealing with the Care Home Contract requires legal advice, particularly if the amount of capital available is limited and there is concern as to what would happen in the event that a client’s capital runs out, and they are no longer able to afford that Home.
We also provide advice in relation to third party contributions, and when they are appropriate, and who indeed should sign this aspect of the Contract.
In addition we are able to offer assistance in relation to the payment of care fees and details regarding the assessment procedure. We will be able to guide you as to what assets should be disregarded when the assessment is carried out, and what value should be placed on joint assets. In addition we will also be able to highlight to you what benefits should be claimed as a result of a client needing to move into a Care Home, or when a care package is being provided at home.
Entitlement to NHS Funded Long Term Care
We provide guidance as to the process involved in determining whether a client is entitled to NHS Continuing Care and practical points that should be considered in the event the initial request for Continuing Care has been refused.
We also provide advice to beneficiaries who wish to challenge retrospectively the decision as to whether Continuing Care should have been paid, and the impact that this will then have on their estate, which at times can lead to a significant lump sum payment being made to the beneficiaries of an estate when it has been determined that the assessment was carried out incorrectly, and NHS Continuing Care should have been awarded.
Mental Capacity
Following the implementation of The Mental Capacity Act 2005, the assessment of capacity and acting in a client’s “best interests” can prove daunting for both professionals and clients alike. It is often very difficult to determine whether or not a person has capacity to act in a certain way, and also as to whether they are able to manage their financial affairs. Achieving the balancing exercise of safe-guarding vulnerable adults, whilst at the same time respecting their need to make choices and maintain independence, can be very difficult and distressing for clients and their families. We are able to provide very clear and comprehensive advice as to what steps should be considered in the light of the directions embodied in The Mental Capacity Act 2005, and supporting Code of Practice.
Lasting Powers of Attorney
We offer a streamlined process to ensure Lasting Powers of Attorneys are issued swiftly, and thereafter registered efficiently with the Office of the Public Guardian. We can act as a Certificate Provider and can also act as an Attorney for clients if there is nobody else suitable to act in this role.
We can provide advice to clients regarding both Property & Financial Lasting Powers of Attorney, and also Health & Welfare Lasting Powers of Attorney when appropriate, together with the long term implications as to what will happen for the client and their families when the Lasting Powers of Attorney are registered and activated.
Court of Protection Applications
In respect of Court of Protection Applications we have a substantial client base where we act as professional Deputies managing clients’ financial affairs, thus absolving family members of any personal responsibility. In addition we also support clients and their families where they wish to act as a Deputy and will guide them through the process of making the Application to the Court for a Deputyship Order.
Whilst the Office of the Public Guardian, which deals with the Applications alongside the Court of Protection, have recently had a very bad press, we are pleased to say we have a very good working relationship with both the Court and the Office of the Public Guardian, and are able to ensure that our Applications are dealt with swiftly, and if need be, urgently. We find many clients are faced with the nightmare scenario of having to deal with not only a loved one moving into a Care Home, but also the financial worries that come with this, without being able to access any of their finances in order to pay outstanding bills or disbursements. Whilst waiting for the Court Order to come through creditors can often be unsympathetic when it comes to their outstanding accounts, and put increasing pressure onto the family to clear the debts that are due. In such circumstances we will ensure that an Interim Order Application is lodged with the Court so that a Direction is issued enabling clients to access funds swiftly to deal with this situation. We will also advise clients in relation to property transactions that may be necessary when acting as a Deputy, and the duties and responsibilities that come with the role.
Statutory Wills
Whilst it is not the case that every Court of Protection Application warrants an Application for a Statutory Will, in certain circumstances such Applications are necessary and we can provide guidance as to why and when it would be appropriate and the procedure that needs to be followed.
The Team
Debbie Anderson, Christina Richards, Marie O’Malley, Sue Crowley, Shona Newman and Sharon Edwards.
See Also
Wills, Trusts and Probate Department
Links
Age UK
Advocacy Alliance
