Page 62 - Marlborough Living May June 2019
P. 62

 Moving into care and keeping control
If you or a loved one need to move into permanent care, you may be concerned about care fees, keeping control of your property and finances and decisions relating to your health and welfare.
Trish Watkins, specialist lawyer in issues relating to the elderly and those experiencing incapacity at
Royds Withy King, discusses
some of the common legal concerns.
Care homes,
in a nursing home or care home registered to provide funding.
The value of this contribution is currently just over £8,000 per year but do check the nursing home contract because the FNC is usually paid directly to the nursing home and the weekly charge that will be payable by the resident will not include this.
If the person is not eligible for NHS Continuing Health Care and has capital of more than £23,250, they will have to pay for their care from their income and capital until the latter reaches £14,250 when
a tariff income is applied and
the local authority make up the shortfall.
Special rules apply to care funding and legal and financial advice should always be sought on this subject to make sure that the full range of options is understood.
Taking control with a
Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a document which allows a person to decide who they would want to act on their behalf (the Attorney) if they became mentally incapable. They are an important part of planning for
the future to enable the person making them to retain control. Importantly, these can only be made when the person making them has the requisite mental capacity which means they need to be made in advance of when they are likely to be used.
There are two types of LPA – one for Property and Financial Affairs and the other for Health and Welfare. When someone is living in a care home both types of documents will be invaluable to ensure care fees are paid and
Trish Watkins
assessments and fees
Whenever a person leaves hospital to go into care or permanently enters into a nursing home they should first be assessed to check whether they are eligible for consideration for NHS Continuing Healthcare. The bar is set very high but in some cases people will be eligible.
Failing this, the next step should be to check their eligibility for NHS Funded Nursing Care (FNC) to cover the cost of nursing provided by a registered nurse

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