Legal Care for the Elderly

At Hewetts we sense an ever-growing need to identify and look after the needs of the retired and elderly. There are many opportunities (eg through wills and enduring and lasting powers of attorney) but also many worries and problems (such as costs of residential care or nursing care, issues regarding property co-ownership, Mental Capacity Act, Court of Protection, and age discrimination etc). Planning and advice is so important and we can give this in any of the following areas:

• co-ownership “live-in” arrangements with children (or others), with conveyancing and trust documentation tailored to the mutual needs rights and obligations involved.
• Long term residential or nursing care arrangements
  • Vetting contracts with care homes and dealing where necessary with registration authorities if problems arise
  • Entitlement to NHS funding for nursing care contribution
  • Possible entitlement to complete NHS funding depending on whether needs are primarily health care or merely social care and also making back claims for such funding where possible
  • Determining when Local Authority funding is available including prior planning in anticipation of reaching that stage
• Rights on discharge from hospital if you can’t return home
• Challenging the statutory authorities on assessments and entitlements
• State benefit checks ie entitlement to Attendance Allowance, Pension Credit, Council Tax rebates and exemptions etc
• Asset and tax planning and unlocking capital so as to maximise resources
• Enduring Powers of Attorney and securing the advantages but avoiding the risks thereof (those made before Oct 2007 will remain valid)
• Lasting Powers of Attorney (from October 2007 onwards) covering not only property and affairs but also potentially personal welfare issues
• Involvement where necessary with the Court of Protection
• Physical capacity issues
• Mental Capacity issues ( including advice to attorneys and carers as to their important responsibilities under the new Mental Capacity Act 2005 and under the Mental Capacity Code of Practice
• “Living Wills” or advance directives as to future medical treatment
• The recently introduced age discrimination legislation
• Protection from abuse by third parties (carers, friends or sometimes even family) whether physical or mental, or by undue influence
• Assistance for carers

For other relevant issues such as wills and trust arrangements see also our separate page for Wills and Probate.

We offer free initial advice, limited to the first 30-60 minutes, regardless of whether or not you later wish to instruct us to act for you.