Financial/Legal Advice

Financial Advice

Care can be expensive, whether it is care at home or care in a care home or care home with nursing. One of the imperatives when considering care requirements is finance:

Does an individual qualify for State funding of care?
To what State Benefits is an individual entitled?
How best to pay for care (either all care or top-up fees) out of capital or personal funds?

The rules covering State funding of care and entitlements to State Benefits are detailed in the section Paying For Care.

There are a number of ways to fund care out of capital and personal funds, and there are a large number of financial products in the market place aimed at satisfying this need. Each individual situation is unique and the individual is strongly advised to consult an experienced Independent Financial Adviser (IFA) to receive expert advice.

Grace Care can also arrange for you to receive free financial advice from an adviser specialising in care fees planning.

From October 2004 the Financial Services Authority will have implemented its new regulations with regard to financial advice given in respect of long-term care. One of the key parts of these regulations is the directive that before an IFA can give advice on long-term care he must be properly qualified to do so on criteria laid out by the FSA. An older person is advised to check that any advice he or she is receiving is from an appropriately qualified person.

Legal Advice

It is wise to consult a solicitor when making family decisions concerning paying for care particularly if considering transferring funds. This may also be an opportunity to consider Inheritance Tax and trust planning.

Power of Attorney
Many people experience difficulty when trying to arrange affairs for someone who cannot make decisions for themselves due to age or infirmity. Power of Attorney gives an individual the right to act on behalf of someone else and to make legally binding commitments on behalf of that individual. Power of Attorney is not something to be granted lightly, of course. Most family lawyers will be able to advise on Power of Attorney.
The Court of Protection
The Court of Protection exists to benefit individuals who, due to age or infirmity, can no longer make decisions of their own and have not granted an Enduring Power of Attorney to anyone. This might be the case where an individual feels he or she has no-one they can trust to administer their affairs or where an individual does have someone he or she can trust but becomes incapacitated before he or she can sign the requisite paperwork. The Court of Protection can be slow – mainly because of the need to exercise prudence when acting on an incapacitated individual’s behalf - and can also be expensive. Family lawyers will be able to advise on matters concerning the Court of Protection.

If you require further assistance or would like to speak to the Independent Care Adviser this site recommends please call 0800 137 669.