Lasting Power of Attorney
Before any assessment for NHS Continuing Healthcare Funding can take place, your relative will need to provide their consent for the process to take place, which includes sharing their personal information with different organisations involved in their care and of course sharing information with us as their advocate.
As long as your relative has the capacity under the Mental Capacity Act 2005, they can provide that consent either verbally, or preferably in writing.
However, your relative’s capacity could deteriorate very quickly and once it is determined that they don’t have the capacity to make decisions for themselves, you, or their advocate will have to apply to the Court of Protection for what’s called a Deputyship Order, in order to gain “control” over their affairs.
This can be expensive and importantly it takes time.
If your relative makes Lasting Powers of Attorney (LPA’s) whilst they still have capacity, there will not be such a delay and it is likely to save costs.
With an LPA, your relative grants control over their affairs to another person (called their “Attorney(s)”), usually a relative or close friend who they trust. They can in turn, appoint us as their legal advocate to help with their Assessment.
There are two types of LPA, one covering your relative’s Health and Welfare and another covering their Property and Financial affairs. The Property and Financial Affairs LPA gives their Attorney(s) the authority to handle property and financial matters on behalf of your relative. The powers could include selling property and managing bank accounts. The Health and Welfare LPA covers decisions relating to social and personal needs including how your relative is cared for.
We strongly recommend that your relative (and you) make both types of LPA immediately to help the process of managing their (or your) affairs in the future, even if your relative does not qualify for NHS Continuing Healthcare Funding.
We can think of no good reason not to have an LPA in place for the future.
Putting both LPA’s in place now does not mean that control of Health and Welfare, or Property and Financial decisions, are taken away immediately.
As long as your relative continues to have capacity to make decisions, as defined by the Mental Health Act 2005, they retain control over all of their affairs.
What it does mean however is that if your relative’s mental capacity does deteriorate, then they have already made arrangements for someone to take over. It is a sensible way to plan forward.
Court of Protection
As outlined previously, if your relative’s mental capacity deteriorates to the extent that it is determined that they don’t have the capacity to make decisions for themselves, their advocate will have to apply to the Court of Protection for what’s called a Deputyship Order in order to gain “control” over their affairs.
Solicitors can charge a fixed fee set by the Court of £850 plus VAT to deal with the process of applying for a Deputyship Order through the Court of Protection. It is entirely normal for fees to be greater however, and sometimes far greater than the fixed costs limits.
There are also additional costs, as the Court requires a number of medical forms and reports to be filled in, for which most doctor’s charge.
A Deputyship Order usually relates to a specific set of circumstances, for example, making a claim for NHS Continuing Healthcare Funding. If other decisions need to be taken, for example paying for a Care Home, then often you will have to go back to the Court for permission, which incurs further fixed costs and solicitors fees.
So, you can see why it is so important that LPA’s are put in place; to reduce the cost of dealing with your, or your relative’s affairs in the future and to be able to deal with decisions about care much more quickly.
Having an LPA in place means that nominated Attorneys can deal with all the necessary decisions without the need to involve the Court.
Our Lasting Power of Attorney Service*
As a firm of solicitors, we have the legal expertise to draft Lasting Powers of Attorney* for you and your relative, and we often do this at the same time as setting up Trusts and Wills.
Given our specialist expertise in the area of Care and Care Funding, we can provide both you and your relative with the right legal advice in terms of which LPA’s are required, based on your individual circumstances*.
We offer a fixed cost service*, which is competitively priced.
We also offer a FREE WILL writing service* at the same time so that you can ensure that the appointed Executors can pursue the claim if anything happens to the claimant.
Our Court of Protection Service*
As previously explained, if your relative is deemed to lack the mental capacity to determine their own affairs and they haven’t already got an LPA in place, then you will have to apply to the Court of Protection for a Deputyship Order.
Given our specialist expertise in the area of Care and Care Funding, we can provide you with the right legal advice surrounding this matter, based on your individual circumstances.
We offer a fixed fee service of £850 plus VAT in relation to the application for a Deputyship Order*.
We can also offer you our FREE WILL writing service at the same time*.
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