LPA's & Wills

Flugelhorn

I shouldn't worry over the choice of care home, social services are only too delighted if some family member (LPA or not ) takes charge and decides on the right place

Keep_pedalling

Flugelhorn said:

I shouldn't worry over the choice of care home, social services are only too delighted if some family member (LPA or not ) takes charge and decides on the right place

That was the case with my mother, even though she was LA funded. If we need care it will be fully funded by us, and the LA won’t be involved an any decision making.

Willsie01

elsien said:

If there is the health/welfare LPA in place, then they should be involved before the person goes into a care home if the person lacks capacity, regardless of how it is written.  
Parent's LPA doesn't have any clauses in it although it has some preferences.  I am fully aware of her wishes and preferences as we've discussed them and she also has them written down, and she trusts me to follow them through. 
So there is nothing in the LPA to complicate things - it seems to be when people put things in that aren't feasible or are badly written or which contradict each other that issues arise. Parent wanted in hers that she doesn't go into residential care. That's just not realistic  - I am not going to be personally offering a high level for care  for her and if she's unsafe at home and can't afford to pay for 24 hour care, possibly with 2 carers, then the point may come where there just isn't a choice. 
 Sometimes less is more. 

With regards to the firm you reference, I'd be wanting to check if there are any solicitors involved - a will writer doesn't have to be a solicitor.
If you do want to pay a professional to set things up then I'd be paying for someone with the appropriate legal qualifications. 
Have you had any quotes from local solicitors for comparison? 

I've had quotes from local Age UK recommended solicitors, Which? Legal Will solicitors, etc. None of them have given me the confidence they will have the insight to guide me in recording my wishes in the way the specialist company I have been in discussions with. I'm sure they will all draw me up legally correct documents just not as good as they could be to agree with my outlook. The contact I spoke to at Which? was particularly off hand with my questioning on their approach. Of course the big issue is that the specialist companies are, I believe, all unregulated.

Willsie01

Flugelhorn said:

I shouldn't worry over the choice of care home, social services are only too delighted if some family member (LPA or not ) takes charge and decides on the right place

Except in the example I mentioned this wasn't the case!

Willsie01

Keep_pedalling said:

Flugelhorn said:

I shouldn't worry over the choice of care home, social services are only too delighted if some family member (LPA or not ) takes charge and decides on the right place

That was the case with my mother, even though she was LA funded. If we need care it will be fully funded by us, and the LA won’t be involved an any decision making.

I'm glad it worked out for you but it doesn't always work out that way!

Keep_pedalling

Willsie01 said:

Keep_pedalling said:

Flugelhorn said:

I shouldn't worry over the choice of care home, social services are only too delighted if some family member (LPA or not ) takes charge and decides on the right place

That was the case with my mother, even though she was LA funded. If we need care it will be fully funded by us, and the LA won’t be involved an any decision making.

I'm glad it worked out for you but it doesn't always work out that way!

It does if your attorneys are actively involved which should be the case when it comes to care options. 

Keep_pedalling

Willsie01 said:

Flugelhorn said:

I shouldn't worry over the choice of care home, social services are only too delighted if some family member (LPA or not ) takes charge and decides on the right place

Except in the example I mentioned this wasn't the case!

An example you have got second hand from a salesman.

Keep_pedalling

Willsie01 said:

elsien said:

If there is the health/welfare LPA in place, then they should be involved before the person goes into a care home if the person lacks capacity, regardless of how it is written.  
Parent's LPA doesn't have any clauses in it although it has some preferences.  I am fully aware of her wishes and preferences as we've discussed them and she also has them written down, and she trusts me to follow them through. 
So there is nothing in the LPA to complicate things - it seems to be when people put things in that aren't feasible or are badly written or which contradict each other that issues arise. Parent wanted in hers that she doesn't go into residential care. That's just not realistic  - I am not going to be personally offering a high level for care  for her and if she's unsafe at home and can't afford to pay for 24 hour care, possibly with 2 carers, then the point may come where there just isn't a choice. 
 Sometimes less is more. 

With regards to the firm you reference, I'd be wanting to check if there are any solicitors involved - a will writer doesn't have to be a solicitor.
If you do want to pay a professional to set things up then I'd be paying for someone with the appropriate legal qualifications. 
Have you had any quotes from local solicitors for comparison? 

I've had quotes from local Age UK recommended solicitors, Which? Legal Will solicitors, etc. None of them have given me the confidence they will have the insight to guide me in recording my wishes in the way the specialist company I have been in discussions with. I'm sure they will all draw me up legally correct documents just not as good as they could be to agree with my outlook. The contact I spoke to at Which? was particularly off hand with my questioning on their approach. Of course the big issue is that the specialist companies are, I believe, all unregulated.

Have you actually spoken to a local solicitor? Ask family and friends for recomndations.

Flugelhorn

Willsie01 said:

Flugelhorn said:

I shouldn't worry over the choice of care home, social services are only too delighted if some family member (LPA or not ) takes charge and decides on the right place

Except in the example I mentioned this wasn't the case!

one case from someone trying to sell their services - have seen it happen lots of times, no LPA but families still doing all the running around and choosing - the social services (and medics) can only act "in the best interests" of an individual and the decision about that involves discussing all options with family etc etc 

Willsie01

Keep_pedalling said:

Willsie01 said:

Flugelhorn said:

I shouldn't worry over the choice of care home, social services are only too delighted if some family member (LPA or not ) takes charge and decides on the right place

Except in the example I mentioned this wasn't the case!

An example you have got second hand from a salesman.

I'll quote some material that's in the presentation from the person you describe as a "salesman".

"
A Case Study.

No LPAs

• Developed dementia
• Own house, can’t sell or access funds
• Social services making decisions on where he lives
• Moved to a very poor care home miles away from friends and family, staff poorly trained
• Family & friends battling with social services to get him moved, constant complaints
• Eventually, 6 months later got him moved to a better home closer to friends and family".

If you say this is misleading from the  "salesman" I'll go back to her and challenge her to give me case studies she can prove.