Making Decisions
You don’t have to use a Solicitor to make or amend a Power of Attorney and the Office of Public Guardian provide useful advice and notes but it is generally advised to get some help or at least get it checked to make sure it will have the effect that you want. If you would like some help to understand the application form or need a capacity assessment or certificate provider please get in touch.
Someone lacks capacity if their mind is impaired or disturbed in some way, which means they’re unable to make a specific decision at that time. If you are not sure what this means or need an independent ‘Mental Capacity’ assessment please get in touch
That will depend on the decision that needs to be made. It may be a day to day task that a family member or carer can make a judgement on for example having a wash or eating breakfast or it could be that a professional needs to assess capacity for something more important for example a Court of Protection application or if a move into care is needed. If you need an independent mental capacity assessment we can arrange that for you, please get in touch
The Mental Capacity Act sets out a 2-stage test of capacity: 1) Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use? 2) Does the impairment mean the person is unable to make a specific decision when they need to? If you need an independent mental capacity assessment we can arrange that for you, please get in touch
That will depend on a number of things. What does ‘Mum’ want? Does she have the ‘Mental Capacity’ to make this decision for herself, are you going to need financial help, either now or in the future? If you are not sure, please get in touch
Choosing Care
Care that suits you and meets your needs, care that contributes to you being happy, content, stimulated, feeling safe and being treated as an individual not being rushed, having a say in your own care needs, and being listened to and respected. These are all things that contribute towards ‘good care’. Choosing care that is right for you and making sure that it continues to meet your needs appropriately is something that our advice and services can help you with. Please get in touch if you would like some help to find, arrange or assess a care need.
The Care Quality Commission monitor, inspect and regulate services to make sure they meet fundamental standards of quality and safety and publish what they find, including performance ratings to help people choose care. We can help you find, arrange and review care and make sure that you are choosing the right care for you. Please get in touch if you need some help to find good care.
A care home usually only provides residential, personal care. A nursing home will have a qualified nurse on-site to provide health related care. Some can provide both types of care, and have a dual registration with the Care Quality Commission (CQC) and some can meet more complex needs or specialise in mental health well-being such as living with Dementia. It can be daunting choosing care for a loved one, if you are not sure what type of care you need or need some help to find, arrange and review care, please get in touch
In theory yes but it will usually depend on who is paying. If you are self-funding your care, it is important to remember that 25% of people funding their own care run out of money and a Local Authority may not pay what you have agreed privately with a provider. A Local Authority must offer choice of accommodation but not necessarily at the same cost as a privately agreed fee. It is important to check continuity of care and care funding before a permanent move. If you would like a Care Funding and Benefit check please get in touch.
The CQC have inspectors that assess care providers and they ask the same five questions of all the services they inspect:
- Are they safe? Safe: you are protected from abuse and avoidable harm.
- Are they effective?
- Are they caring?
- Are they responsive to people’s needs?
- Are they well-led?
The cost of care varies greatly, not only by the type of care, for example at home or in a care or nursing home but also geographically the differences can be huge.
A typical hourly rate for care in your home is around £20, but this will vary depending on where you live and how often/long the visits are.
Having ‘Live-In’ care varies from £800 a week to as much as £1,600 depending on the care that you need.
Residential or Nursing home fees will also depend on your needs, but additional factors such as the setting and environment, for example having an en-suite will also affect the cost and rooms with a window or access to a garden could come at a premium.
Care homes in England (2023) on average (including ‘self-funded’ and Local Authority arranged care) cost:
£800 per week for a residential care home and £1200 if nursing care is required. This is an ‘average’ cost which varies enormously depending on where you live and who is paying – you or the Local Authority.
Approximately 49% of people moving into a care or nursing home will be ‘self-funding’, with their care often costing a higher fee than that of someone placed by a Local Authority.
Nearly 25% of people who make private arrangements will run out of money and need financial support from the Council. Bear in mind that the arrangements you have made privately may not be supported by the Local Authority. Seek advice before moving out of you home.
If you would like help to consider your options and assess your care needs please get in touch
Housing Options
DPA stands for Deferred Payment Agreement. This is an agreement made between a Local Authority and someone who has moved or is moving into a care home and has less than (or close to) the upper funding level of £23’250 and wants to defer the cost of care against their property. A Care Funding and Benefit check will help you to understand the property options and ways to pay for care. If you would like some help to understand paying for care and what help is available please get in touch
Yes if it belongs to you and you are not gifting it to avoid paying for care or receive a benefit. Please, get some help to understand the implication to gifting your assets and if you would like advice on ‘Deprivation of Assets’ please get in touch
Equity release can be a good idea and may help you make home improvements, pay for the costs of care at home or help a loved one but it isn’t suitable for everyone and may affect means tested benefit and Social Care entitlement. If you would like advice on care funding then please get in touch
There are advisers and organisers who are able to help you move and help you plan a move and consider all of the options before making a life changing decision. Please get in touch if you need some help.
Moving into a care home won’t necessarily prevent you from falling but it may make sure there is someone around to limit any injury or time left unattended. If you are looking for care for someone who is at risk of falling please get in touch to consider the options and care needs.
Staying Independent
The phrase ‘assistive technology’ is often used to describe products or systems that support and assist individuals with disabilities, restricted mobility or other impairments to perform functions that might otherwise be difficult or impossible
You can buy a wheelchair privately but if you are looking for a free one the NHS Wheelchair Services assess people with mobility needs, to decide what sort of wheelchair or other mobility equipment they should be provided with. Usually, it is your GP, hospital doctor or occupational therapist who makes the referral to wheelchair services.
The Local Authority may help with a short term reablement services. These are not direct care replacement services but aim to support you to stay at home if possible. For people being discharged from Hospital some short term care may be arranged (and paid for) by the NHS to support a move out of Hospital and allow for time for assessments and settling back at home. These services are short term and any ongoing care will be subject to means test. If you would like help to understand the ways to pay for care and what help is available please get in touch
So much will depend on your circumstances and needs but there is usually some help available and both the NHS and Local Authority provide services, some of which are free. If you would like us to help you review your circumstances and find some support to help you stay independent please get in touch
OT stands for Occupational Therapy. An Occupational Therapist will look at the things that you struggle with in everyday life and help you to work out a practical solution, usually around your home for example getting in and out of the bath, using stairs or moving around your home. They are able to provide aids and can make referrals for minor adaptations and usually work with for a Local Authority or Hospital.
Health Funding
If you don’t agree with a Continuing Healthcare decision the first action would be to ask the Integrated Care Board to look at it again. Get as much evidence as possible and some advice when considering challenging a decision. If you would like some help please get in touch
In addition to the 12 Care Domains there are 4 key indicators; complexity, intensity, unpredictability and the nature of the need that are considered for Continuing Healthcare. Continuing Healthcare eligibility is based on a ‘primary’ health need not social care needs but if eligible all of the care and support must be funded, including any accommodation requirements. The Hospital Discharge process does not allow for assessments to be done in Hospital and this can mean that a Continuing Healthcare assessment is overlooked or not completed. If you would like Care Funding and Benefits advice please get in touch.
Continuing Healthcare funding is intended to meet health and associated social care needs that have arisen as a result of disability, accident or illness. It is a two step process (unless a fast track is appropriate) and begins with an initial ‘Checklist’ which should identify people who need to be assessed in full. These are no longer done in a Hospital setting and it can be difficult to know whether CHC has been considered. If you would like some help too understand or an independent Continuing Healthcare checklist please get in touch
Social Care
The simple answer is why are you intending to make the gift? If it is to avoid paying for care then that asset may still be included in a financial assessment and you may be treated as a self-funder. If you would like some help to understand the Local Authority Charging system please get in touch
If you are making a trust specifically to avoid paying for care then that asset may still be included in a financial assessment and you may be treated as a ‘self-funder’. The Local Authority have ‘Deprivation of Asset’ rules which may or may not apply to a gift, depending on the type of asset, timing and intent of the gift. Please get in touch if you would like to understand how this may affect you.
Often a property will be disregarded from a financial assessment and it is important to get advice before selling your main or only asset. Please get in touch if you would like to understand your Care and Housing options.
If you don’t agree with a decision the first action would be to ask them to look at the decision again. Get as much evidence as possible (and relevant) and if you would like some advice before challenging a decision please get in touch
Request our FREE ‘Local Authority Charging and Pensions’ information leaflet
Benefits
Put simply, your age. Both are non means tested benefits for people who are living with a disability or illness that means they have care or supervision needs. You can’t claim Attendance Allowance until you are State Pension Age and PIP is for people of a working age. If you would like some help to understand your benefit entitlement please get in touch
No, they are both non means tested benefits but for people of different ages and you cannot receive both at the same time. If you are not sure whether you are receiving the right benefits please get in touch
Anything that makes your life easier, Attendance Allowance is not ring fenced and does not have to be spent on paid carers. If you are not sure whether you are receiving the right benefits please get in touch
Attendance Allowance is a non means tested disability related benefit BUT it may passport you onto other benefits. Please get in touch if you would like a full benefit check.
You will have to satisfy certain criteria to qualify for Attendance Allowance. Take a look at our video on how to fill in the form and if you need any more help let us know please get in touch
Whether you are eligible to claim (or receive) Carers Allowance will depend on the benefits your parents receive, how many hours you spend caring and whether you earn a wage and if so how much. Claiming Carers Allowance may affect other benefits your parents receive. Please get in touch for a benefit check to find out whether to claim or not
That will depend on your circumstances. If you are on a low income or have moved in to a care home, use a wheelchair indoors or are living with a severe mental impairment there may be support for you. If you would like a benefit check please get in touch
Self- Funding
If you are not eligible for free NHS Continuing Healthcare then Social Care is usually means tested (some services and assessments are free of charge). The upper funding level for a Social Care means test in England is currently £23’250. If you have assets (not necessarily your home) above £23’250 you will be considered a self-funder. If you would like some help yo understand whether or not you have to pay or what help is available please get in touch
The value of your home is often disregarded during a means test, for both Social Care and Benefits. It is often assumed that if you have a property and move into a care home that you will have to sell it and pay for your own care and this is not necessarily the case. Please get in touch before using the proceeds from a sold property or selling a house to pay for care.