ELDERLY CLIENT

I am moving into a care home, how will I pay for it?

The funding of your care will depend on both your financial circumstances and the nature of your care needs. If you are not able to pay for your own care you should qualify for local authority funding. 

Regardless of whether you are financially eligible for local authority funding or not, you may still qualify for public funding provided by the NHS. Your eligibility for this funding will depend on your current health, and your precise care needs.

The funding rules can be complex, and everybody’s circumstances are different.  We can help you understand how the rules apply to you, and make sure you are receiving all the funding and assistance you are eligible for. If you have already been assessed and are not happy with the outcome, we can help you appeal any decisions that have been made and ensure you are fairly dealt with.

Can I protect the value of my home?

You may have heard that giving away your home can be a way of reducing the Inheritance Tax liability on your estate when you die, and also limiting the amount of your money spent on care fees. In many circumstances however, simply giving away your home will not achieve either of these outcomes, and may leave you in a very vulnerable position.

You should take specialist advice if you are considering changes to the ownership of your property to preserve your assets to ensure that you achieve the outcome you were hoping for and protect yourself for the future.

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I have concerns about the mental capacity of a family member, what can I do?

The best way to safeguard the welfare of a vulnerable family member is for them prepare Lasting Powers of Attorney appointing someone they trust to make decisions on their behalf. However, if they have already lost mental capacity the preparation of a new Lasting Power of Attorney may no longer be possible.

If this is the case, you will need to make an application to the Court of Protection to be granted the power to manage their affairs and make decisions on their behalf. On completion of the application you may be appointed to act as a ‘Deputy’ and will have similar powers to someone appointed to act as an attorney.

We have the experience to help you gather the evidence you need, prepare the court application on your behalf and offer ongoing advice about your role as a court-appointed Deputy.

What about mental incapacity and Wills?

An individual must have mental capacity to prepare a Will. However, where an individual is assessed as lacking the capacity to prepare a Will it may still be possible to make an application to prepare a statutory Will.  A statutory Will is made at the discretion of the Court of Protection and allows a Will to be made on behalf of that individual. A statutory will can also be used as part of inheritance tax planning and to avoid the estate being distributed by the government under the Intestacy Rules.

We can help you to apply to the Court of Protection for a statutory Will and guide you through each stage of the legal process.

What is a Living Will / Advance Directive?

You may have very strong feelings about the medical care you would like to receive and are worried about what would happen if you were unwell and no longer had the mental incapacity to express those wishes.

You can prepare a document known as a Living Will or Advance Directive which explains your wishes to your doctor, which will be used to help make clinical decisions if you are unwell and have lost the ability to make decisions about your own care.

If you have an existing Living Will or Advance Directive, or are considering preparing one you may also benefit from preparing a Health and Welfare Lasting Power of Attorney, which can be used to appoint someone you trust to make general healthcare and welfare decisions on your behalf.

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