Should You Be Paying for Long Term Care Fees?

May 7, 2017 by Melinda at Giles Wilson Solicitors

One of the lovely things about Leigh on sea is the sense of community and that generations of the same family continue to live in the same area. Most of the children living in Leigh can walk to the schools in North Street, Westleigh, Chalkwell and St Michael’s, and many of them are seen at the school gates collected by their grandparents.

However a big problem facing families now is the care for their elderly. We are fortunate in Leigh that we have some fabulous care homes should this type of care be necessary and again, these fit in to the community spirit in that they are in walking distance so that hopefully those residents have plenty of visitors. However good residential/nursing care is expensive and I am often consulted as to whether there is any help with the funding or whether this has to be paid for either by the elderly resident themselves (selling their house etc) or their family (often referred to as third-party top up).

Those of you who regularly read this column know that my default position is to say that there is no one correct answer! Yes, there is help with funding, but this does depend upon the situation. In some cases there is full funding by the NHS; despite the political and emotive reporting of the NHS, it remains a legal obligation to fund those who are entitled to Continuing Healthcare which is someone who primary need for care is a medical one. Anyone in full time care should be assessed under a specific eligibility criteria and do not be fobbed off with any reference to means-testing; no-one is means tested when they turn up at A & E with a broken arm! It’s the same NHS system – free to all.

And for those that do not meet the medical criteria (and by the way, the eligibility result can be challenged), they will be means tested. Both as to their capital (including a property) and their income. But again, be aware that if someone is living in their home or is dependent upon them this can affect the means testing assessment. And there are certain non-means tested benefits available and certain services that should be provided free of charge so it is really important to obtain full assessments at all times.

All of us want the very best of care for those that we love, and those that cared for us when we were young. It is this emotion that can mean we quickly agree to top-up fees in order to ensure that our elderly or ill relative, friend or partner have the best care. However do be careful as this can lead to a third-party contract and you may find yourself obliged to continue this arrangement far longer than you thought or can afford; and it may be that the Local Authority or NHS should in fact have picked it up.

If you have a Power of Attorney for someone then you can deal with all of this on their behalf if they are unable to do so themselves. And if you are a carer, did you know that you too are entitled to an assessment under The Care Act? After all, if you are struggling to get enough sleep or keep well who will do what you do?

I am a member of Solicitors for the Elderly and we focus on these types of specific issues; please do not hesitate to get in touch with me or one of my team if you do need any advice. In the meantime however, I hope that Leigh on sea continues to enjoy the mix of generations that we all enjoy seeing around and about!

This article is by Melinda Giles at Giles Wilson Solicitors.
For legal advice please call 01702 477 106 or visit one of Giles Wilson's offices: 1711 London Road Leigh, 54 Leigh Broadway, 5 Roche Close Rochford
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If you would like to put forward a question to Melinda, please comment below or email joanna@leigh-on-sea.com