FALSE. There are many circumstances where we can argue that your property should be what is known as a disregarded and not included when deciding if you have assets over or under £23,250.

FALSE. Social Care is means tested by your Local Authority and if the Local Authority decide you have more than £23, 250 then fees for residential or nursing care accommodation is payable by the individual. If the only asset you have left is your home, it does have to be sold. There are many lawful ways that this can be avoided.

We deal with this issue on an almost daily basis.

False. Due to a quirk in English law if the property is held in a particular format known as a tenancy in common the value of your interest in the property is a complex calculation. You might want to consider a loan to pay for care fees.

The Local Authority may be obliged to offer a loan at a very low interest rate.

As you can see there are many alternatives to having to sell the home. To find out more please contact us by FREEPHONE on 0800 080 3005 or email us.

False. NHS Continuing Health Care is a package of care arranged and funded by your local Clinical Commissioning Group (“CCG”). Getting CHC is a difficult and time-consuming process.

Eligibility for CHC depends upon having a primary health need. If a primary health need can be established then CHC can be awarded in a range of different settings such as in your home, in a nursing home or in some other location.

It is available to people with what is known as a primary health need. A document called “National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care” dated November 2012 has been produced that in 140 pages clarifies the law.

This document was prepared following a court case where a lady called Pam Coughlin established what was medical care (and therefore, free) and what was means tested social care. This is where the so called Coughlan test came from.

The criteria for free care is based upon a two-stage process. The first stage is known as the Checklist and the second stage is known as the Decision Support Tool. If an individual jumps all the hurdles, in theory they are entitled to 100% of the cost of their care to be paid for by the NHS.

False. The guidelines for Continuing Health Care have nothing whatsoever to do with specific diagnosis of any illness. The eligibility is to do with the health of an individual and their primary health needs. CHC is awarded regardless of the underlying illness and whether or not the person can afford to pay for treatment.

The fact an individual has dementia does not in itself mean that CHC will be not awarded and likewise a diagnosis of Parkinson’s again does not indicate that CHC will be awarded.

False. You might have been told by the Care Home Manager that you should not apply, yet the rules are clear. If you are eligible for Continuing Health Care you are entitled to receive it in your own home or in a care home or in any other location.

You need to remember that most care homes are run for profit and the amount the Clinical Commissioning Groups pay will almost certainly be less than you will be paying as a self-funder.

False. One person is not obliged to pay for another person’s care. There are many myths perpetuated now by the internet stating that a husband or wife has to sign to be responsible for any costs of their spouse’s care. This is not true.

There are circumstances where a residential or nursing home charge a fee which is more than the Local Authority is prepared to pay. In these circumstances, there may be an element of top-up fees to be paid. However, if an individual is in a care home (either nursing or residential) and is funded by CHC it is unlawful for a home to seek a top-up payment as all care is free at the point of need and thus must be paid for by the NHS.  

Call us today and we will explain.

False. You can sign a Lasting Power of Attorney for Property and Financial Affairs appointing people you trust as Attorneys to deal with your finances for you at that time.

The Attorneys must always act in your best interests and must keep an account of payments they make. We can prepare the Lasting Power of Attorney for you and deal with the registration.

False. A Health & Welfare Lasting Power of Attorney gives you control over who makes decisions about you at a time when you are unable to give those instructions.

The Power can only be used when a qualified medical professional has certified you have lacked the mental capacity to make decisions yourself.

If you do not have a Health & Welfare Lasting Power of Attorney and decisions needs to be made regarding your health or welfare then a family member or the Local Authority must apply to the Court of Protection for a Court Order directing either your children, a family member or the Local Authority to do what the Court considers to be in your best interests.

No. The best way of ensuring that your end of life wishes are respected is by writing them down when you are able to do so.

One way of achieving this is by preparing what is known as an advanced decision. An advanced decision is different to a Lasting Power of Attorney as it records your wishes to refuse specific types of treatment at some time in the future. Your Attorneys are not able to overrule an advanced decision.

False. The Courts are very protective of individuals who are vulnerable because of age or infirmity and anybody who accepts becoming an Attorney would become subject to the obligations under the Mental Capacity Act 2005.

That means:-

  1. An Attorney must assume that you can make your own decisions unless they can establish that you cannot.
  2. An Attorney must always help you to make as many decisions as you can.
  3. You Attorney must always act in your best interests and not in their own.
  4. Your Attorney must always make a decision that is the least restrictive of your rights and freedoms.

The Code of Practice to the Mental Capacity Act imposes upon the Attorney obligations to keep separate accounts of your money, to act in good faith, not take advantage of their position and generally have a duty of care towards you.

For a full understanding of your own individual situation please Freephone us on 0800 080 3005 for further advice.

We fight for your rights!

We support those with dementia, or sudden life changing illnesses and we work with their families and carers. We also assist families who need support when an individual is losing or has lost their mental capacity to make decisions for themselves.
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