Lasting Power of Attorney

Before any assessment for NHS Continuing Healthcare Funding can take place, your relative will need to provide their consent to the process, 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, life is precarious. Your relative’s mental or physical health could change very quickly – whether due to declining health, or as a result of an unpredictable life–changing event, such as a catastrophic stroke, accident or stressful event. Once it is determined that they don’t have mental capacity to make decisions for themselves, you or their advocate will have to apply to the Court of Protection for an Order in order to gain ‘control’ over their affairs. This can be expensive, and most importantly time-consuming, causing delays whilst critical (perhaps even life-saving) decisions may be put on hold.

If your relative sets up a Lasting Power of Attorney (LPA) whilst they still have mental capacity, then this issue won’t arise.

A Lasting Power of Attorney is a binding document made whilst you are alive, and before you lose mental capacity, that transfers power to another person you have specifically chosen, known as your ‘attorney’, to make your decisions about your own health and welfare, and/or property and financial matters on your behalf – as if you were making those decisions yourself. The LPA protects your health and financial interests at a time when you can’t, and ensures that your appointed representative (attorney) will act in your best interests at all times.

Couple looking at paperwork

My family and I cannot rate Farley Dwek Solicitors high enough for all their work in helping us with a successful appeal to grant my father CHC in his care home. As soon as I contacted them I felt listened to and supported and our solicitor Debbie was nothing short of incredible.

Emma

If a relative of yours is going into a care home or nursing home, I’d 100% recommend you to call Farley Dwek to see if you are eligible for NHS Continuing Healthcare Funding.

Peter Shaw

We would thoroughly recommend Farley Dwek as an organisation and Debbie Payton in particular. We feel that all that she has achieved on behalf of my father is worth every penny and we believe we could not have got this outcome without her. We cannot thank Debbie enough.

Rachel W

From first contact with the managing partner Andrew Farley and Ruth Pople, Senior Case Manager , Farley Dwek appeared to be a very well organised Law firm. The staff is very professional and takes all the time to explain sometimes complicated situations.

CHC client

The service I have received from Andrew Farley for a Continuing Healthcare Funding claim for my mother has been excellent. The initial contact with Andrew gave me a clear picture of the process, outlining timescales and explaining the stages that I would have to go through to achieve a successful outcome.

Mrs P

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