Simpson Sissons & Brooke Solicitors

Most people would prefer to remain and receive care in their own home irrespective of any physical or mental infirmity. This is a principle objective of community care. However, in practice how much assistance you receive from your local authority social services department will depend on the extent of your needs for services and their eligibility criteria. Commonly, many older people, their family and carers consider whether to move into a care home as an option.

Residential and nursing homes usually charge on a weekly basis. The amount of the fee will depend on the nature and level of care provided, the location and facilities of the home.

In the event that you decide to move into a care home, important decisions need to be made. Such decisions may have unintended ramifications and so the importance of early, specialist legal advice, can prevent or mitigate problems arising at a later date, leaving you in the best position to plan your care.

Legal issues relating to long-term care are expanding. Laws and regulations are rapidly evolving and becoming more complex.

There are occasions when the NHS is responsible for the cost of care. The Department of Health in England and National Assembly in Wales has set a national framework to assess and determine eligibility. If a person meets the criteria, then their personal, health and accommodation care costs (which, may be provided in a nursing home or your own home), will be funded by the NHS regardless of the person’s own financial position.

The NHS is responsible for the cost of nursing care in a nursing home provided by a registered nurse irrespective of the individual’s own means. It is paid at a flat rate.

Depending on your resources the local authority may assist in the funding of care. How much and when are based on complex guidance. Whether you fund all, part or none of your care costs is not always clear and early advice is recommended.

You may need advice on the following:-

• Should I be charged and how much should I pay?
• Is the care contract reasonable and should you try to amend the terms?
• Will your spouse or partner be expected to pay towards your care?
• Will your spouse, partner or other relative be able to continue to live in your family home?
• What assets do you need to sell?
• How should the assets be valued?
• Can you take out insurance to pay for your care?
• Are there any welfare benefits you may be entitled to?
• Should you make an advance decision, setting out your health care wishes in the event that you become unable to communicate them?
• Should you update your will and how can you pass on assets to your family?
• Can you continue to financially manage your own affairs and should you appoint another to act on your behalf, particularly in the event you become mentally incapable?

How we can help you

Whatever you decide about your future, it’s important to involve a specialist lawyer who will give you impartial advice and act in your best interest. Our care and legal system is complex and confusing so timely advice is vital to avoid later complications.

Partner Martin Sissons is a full member of Solicitors for the Elderly (SFE) which is a national organisation of lawyers such as solicitors, barristers and legal executives, committed to providing and promoting high-quality legal services for older people, their family and carers. Its members must have a set number of years experience advising older people and complete an examination before joining as a full or associate member. They must also comply with our Code of Practice, so you can be confident about the service you receive.

Advice may be about selling your home, making a will or gifts or estate planning.

Other advice that you may wish to obtain from us may include:

Power of Attorney – allowing you to give authority to another person (the attorney) to handle your finances and/or make health and welfare decisions on your behalf. You must have mental capacity to give the power. In the event you become mentally incapable an Ordinary Power of Attorney is automatically cancelled, whereas a Lasting Power of Attorney will be valid, provided it is registered with the Public Guardian.

Court of Protection – The Court of Protection supervises and makes orders for the management of property and financial affairs of people who are mentally incapacitated, where they have not made an Enduring or Lasting Power of Attorney. The court can also make welfare and medical decisions, where necessary. We can assist in the application to appoint a deputy, and getting appropriate orders from the court to deal with assets as well as making a will or gift for the person who lacks mental capacity.

Living Wills – You can make an advance directive of what medical treatment you want or do not want in the event you are later unable to communicate your wishes.

Long Term Care – Arranging and funding long term care is complex. Whether you remain in your own home or move into sheltered or care home accommodation, you may qualify for financial assistance. This may be by way of welfare benefits, social funding from social services and health care, funded by the NHS.

Gifts – Many people believe that by giving away their wealth, they can avoid paying for care. Any proposed gift needs careful consideration of the benefits, risks and implications on any future liability for care. It is dangerous to make a gift without getting the right advice as you may find that you are denied state funding at the time you most need it.