New power of attorney guide

darren72

Rosie1980 wrote: »

And finally do you know anything about Continuing Healthcare Funding? It doesn't matter how much money a person has if their primary need is a health one then the NHS should pay for their care. I can give more info on this if you are interested.

Thank you for your reply and such kind words, it is appreciated.

Any information you have on this would be appreciated. I believe the care home are claiming £156 per week from the NHS directly - I'm not sure if this is the same thing, but it only covers a very small portion of the bill.

Rosie1980

If it's a nursing home then it may be the money currently being paid is the nursing element of the home, I'm just guessing.

NHS CHC funding is a battle, the first thing to do is have a look at the checklist, https://www.gov.uk/government/uploads/system/.../NHS-CHC-Checklist-FINAL.doc

Go through this yourself to decide if you think your relative would get through to the next stage. At the bottom of p.7 it lists what is required to be put through to a Decision Support Tool.

If you think that they should be assessed you will need to request this from the social worker, and make it known that you or someone wishes to be present.

If you feel that they have a chance you need to start recording everything, the more evidence you have when it comes to the assessments the better as you cannot rely on the home to have the information.

Even if you don't feel it is relevant at this stage keep it in mind as it may be relevant further down the line.

And finally do not set up any agreement to pay any money or have the relative financially assessed until a proper checklist has been carried out, believe me they move a lot faster when they want money.

This website is great, http://caretobedifferent.co.uk/

northwest1965

In the process of filling out the forms for POA for my parents.

As they are both under £12k they can get a reduction. What proof can I send them? Bank statements are not accepted

pphillips

You can send tax assessments, interest statements, P60's, pension statements, DWP letters etc.

gumchops

How do I ask a question on the forum? The first page is unhelpful

pphillips

If your question is about powers of attorney then post it here and someone should answer.

If not then just start a new thread in the forum.

gumchops

After a very bad car accident, my son has become mentally impaired and a paraplegic, and is now in a care home. Some 2 years ago his wife was granted deputy power of attorney (estate) by the court of protection. She does not communicate with us, and she has not visited him for nearly 2 years. She has since sold their property and moved to another address at possibly a cheaper price with her 3 children. This address is unknown to me. It is known to the care home.

Will the Court of Protection actually protect my son's half of the estate (he did not make a will) in the event of his death, such that funeral and other costs may be met, in the event of his spouse's refusal to pay these costs?

pphillips

Even though your son does not have the capacity to make a will, it is still possible to apply for a statutory will before he dies through the court of protection: https://www.gov.uk/apply-statutory-will/overview

The court of protection only has jurisdiction over the property, financial affairs and personal welfare of people who it claims lack mental capacity to make decisions for themselves. It does not protect the estate of the deceased.

If your son does not have a will when he dies his estate will fall under the normal rules of intestacy. This means that if he had no children, his spouse will be the sole beneficiary of his estate Typically, the costs of a funeral are shouldered by the estate of the deceased.

If his spouse refuses to use his estate to pay for a funeral, then how else will it be paid for?

gumchops

Thank you so much for clarifying the position for me. Actually, you have asked the question that I arrived at - who will pay his estate duties and funeral costs if his spouse refuses? I could not afford to do it, and I do not know how the care home where he is resident, would handle it. Perhaps it would have to be a civic funeral?? But thank you again for all your help.

pphillips

Realistically though I don't think his spouse could refuse to pay as the funeral director would chase her for the payment and eventually take her to court for non payment.

Even if you did have the money, why would you agree to step in and pay for the funeral when she is the sole beneficiary of his estate?