The care system has changed significantly over the last few years.
Whilst the constraints on finance and failures in regulation have dominated and will continue to dominate the headlines there has been a steady increase in the range of care provision available. We genuinely admire the work which carers do and it has been a great privilege to work with some extremely talented individuals.
We regularly instruct our panel of case managers, domiciliary care companies and personal assistants to help secure our clients’ wish to stay in their own home for as long as possible. Once that becomes impossible we will usually lead the process of sourcing our clients a suitable residential, nursing or EMI accommodation.
Whether you are an individual caring for a loved one, a personal assistant, a care company or a home manager or owner we will be able to assist you in navigating the increasingly complex regulatory, tax and welfare state issues.
Care providers face an increasingly complex regulatory regime and the need for specialist legal advice is greater than ever. We work in conjunction with other firms to provide staff training sessions to suit your time and budgetary constraints. The most popular subjects for care providers are currently powers of attorney and the court of protection, the Mental Capacity Act and “best interests”, DoLS and the Care Act.
Effective planning for care fees is essential for both the carer and their client. Without effective planning a clients options, and their ability to access high quality care provision, quickly evaporate.
Securing the maximum contribution from the state is an important starting point and, whether through the DWP, Job Centre, Local Authority or NHS we can assist in securing that contribution to the care package. We can then assist in dealing with assets in the most effective way to ensure funding for the preferred care remains in place for as long as possible.
Powers of Attorney
When someone becomes incapable of managing their affairs, it can be a very difficult time, both for them and their family and friends. We are always surprised by the number of care agencies who approach us after someone has lost capacity, at which point it is usually too late for a power of attorney to be prepared. We therefore work with carers to ensure that they and their clients are aware of the importance of this document.
In particular those carers who are engaged in caring as a business need to be aware of the likely impact on their finances, should their client lose capacity. Through our work with the court we have come across situations where significant arrears of care fees have been accrued due to the loss of client capacity. Arrears which place a significant strain on the businesses cashflow. We offer assistance to care businesses to ensure that their procedures mitigate this and other risks and please get in touch to discuss this.
The Court of Protection
The Court of Protection is a specialist court for all issues relating to people who lack capacity to make specific decisions. We are often approached by carers who need assistance in progressing decision making for an incapacitated person. Our specialist team advises individuals, their families and carers, trustees, local authorities, charities and other professionals on a broad range of issues related to capacity including the law and procedure of the Mental Capacity Act 2005 and ongoing financial management and planning. We are conscious of the sensitive nature of our work and offer a highly personalised and responsive service, regularly meeting clients in their own homes.