Finding the right care home: top five considerations

Posted on By Joanna Pegum
elderly man with stick and carer

If you have a relative going into residential care, there are a number of issues to think about, and not all of them financial.

1. Make use of all available resources

You’ll need to choose a home with care. Age UK and social services can provide a list of homes in your area, or look online. Make sure they are appropriate to your relative’s needs. For example, not all homes cater for residents with dementia. The Care Quality Commission inspects homes regularly and reports on their quality and standard. Its website also gives you some useful pointers on what to look out for when you visit.

2. Ask for recommendations

A word of mouth recommendation is very useful, so tell your friends and neighbours that you are looking for a home, or post in a local Facebook group or neighbourhood forum.

3. Check out the finances

Paying for care can be very expensive, so it’s worth taking a look at your financial position and see if any state benefits are available. These may vary depending on your area. There may also be particular homes, or bursaries, for certain occupations, so explore all options.

4. Do some research

Once you have a short-list, contact potential homes to find out about vacancies and waiting lists, and get their brochures, contracts, and terms and conditions to look over. You may be able to download these yourself.

Before you visit, think of questions you want to ask, and what to look out for. Again, it’s worth discussing this with any friends and neighbours first. You may want to visit unannounced, so you can see the home on an ordinary day, rather than when everyone is on ‘best behaviour’.

During your visit talk to the owner, staff, residents and visitors.

5. Take care with the contract

Once you’ve chosen a home, ensure that you receive and sign a formal contract that clearly sets out your rights.

Most homes will require a flat weekly or monthly fee, but it is very common to find hidden charges added at short notice, either for fee increases or extras, so be vigilant.

If you are acting as an attorney for another person, you must ensure that you sign the contract in that role, stating that you are the attorney, so that you are not personally responsible for paying the fees.

Heledd Wyn TEP is a Partner with Shakespeare Martineau, Bristol 

What is a Health and Welfare Lasting Power of Attorney, and how do you use it?

Posted on By Joanna Pegum
elderly man with wife or carer and cup of tea

A Lasting Power of Attorney (LPA)* is a legal document that allows you to appoint one or more trusted individuals, who are known as attorneys, to make decisions on your behalf if you lose mental capacity.

The advice below focuses on the Health and Welfare LPA. You can establish a separate LPA for Property and Financial Affairs.

What does a Health and Welfare LPA cover?

In the event that you lose mental capacity, a Health and Welfare LPA allows your attorney (or attorneys) to make decisions on your behalf about where you live and who you have contact with, as well as medical, dental and optical care.

When you establish the LPA, you can also decide if you would like your attorney(s) to have the power to refuse or consent to life-sustaining treatment. If you do not wish to make an LPA, but you would like your medical care wishes known, you can prepare an Advance Decision. If you already have an Advance Decision in place, it can be affected by an LPA, so it’s best to discuss both with your advisor.

What happens if I don’t have a Health and Welfare LPA?

If you don’t have an LPA and subsequently lose your mental capacity, the professionals looking after you, such as your GP or social worker, will make the decisions for you. They will also take your family’s views into account.

Important considerations

With such important responsibilities, it is crucial that you consider your choice of attorney very carefully. Read our article: Who should I choose to be my attorney?

You can cancel your LPA at any time, before or after registration, as long as you have the mental capacity to do so.

* This article applies to English and Welsh LPAs. Different rules apply in Scotland and Northern Ireland.

Heledd Wyn TEP is a Partner at Shakespeare Martineau

Should I make an Advance Decision (Living Will)?

Posted on By Joanna Pegum
clasping hand of ill person hospital hospice

None of us likes to face the prospect of becoming incapable due to age or illness, and be unable to make decisions about our medical treatment and care. An Advance Decision, also known as a Living Will, (especially in in Scotland) is a written document that allows you to retain control when the time comes. You must be over 18 and have mental capacity, to create one.

What does an Advance Decision cover?

The Advance Decision needs to specify exactly what treatment is to be refused. For example, if you want to refuse life-sustaining medication, such as antibiotics, this must be spelled out in the document, and you must sign the document, and get it witnessed by someone independent, for it to be valid. It is not permissible for you to refuse basic nursing care, or to request for your death to be brought forward by drugs. Euthanasia or assisted dying is illegal.

An Advance Decision can only deal with refusal of specified medical treatment. It does not allow anyone else to make decisions on your behalf (for this you would need a Lasting Power of Attorney), nor can it require medical teams give you specific treatment.

Will anything affect my Advance Decision being implemented?

If you do something later that is deemed inconsistent with the Advance Decision, it may not be implemented. Similarly, if medical staff believe you would alter the decision if you had anticipated the circumstances, then, again, the Advance Decision may not be implemented.

Seek advice

If you have any doubts or questions about these important and difficult decisions, you can discuss them with your advisor.

Heledd Wyn TEP is a Partner at Shakespeare Martineau