Looking to the Future
Rosalind Johnson – Private Client Partner
For further information regarding matters relating to affairs of the elderly, please contact me on 01580 762248 or email info@pengelly-rylands.co.uk.
Dementia is one of the major threats in old age. It will bring uncertainty into your life, but there are steps which can be taken, as long as the person diagnosed with dementia still has the capacity to give instructions relating to practical matters, that can be done to make life easier for them, for you and your family.
State benefits
Check entitlement. Not all state benefits are income related and are based on need rather than on how much money you have. Dependent on your age, different benefits can apply. Extra benefits could mean you get additional help at home or, in certain circumstances, in a residential or nursing home.
Will
If you have not already done so, make one, and even if you have a Will, review it. A Will ensures that the people you want to, inherit your estate and that the job of administering it is done by a person you trust, and have chosen.
Lasting Powers of Attorney
You can decide, in advance, who looks after your property and financial affairs, either because you decide you do not want to anymore, or lose capacity to do so. It could be for simple things like paying bills, claiming benefits and, if necessary, selling your home.
A health and welfare LPA can only be used once you have lost capacity, but it means people you have chosen and trust can make decisions about your health and welfare (including life sustaining treatment), rather than a doctor.
Means testing
Everyone is entitled to a financial means test. This is carried out by the local authority. It may result in you having to use your savings to meet the cost of care. Anything jointly owned is assessed 50:50, so it may be worth thinking about splitting assets into individual names, proportionately. You cannot transfer assets to someone else with a view to avoiding care fees.
It may be that the care of a dementia sufferer should be paid for by the NHS, even if living at home.
To be eligible for NHS continuing health care, your primary need must be a health need. There is a national framework for deciding if you are eligible and, if you are, then it covers the majority if not all of the care costs, including accommodation. If the situation arises, you should ask the doctor or social workers for an assessment. It can be withdrawn if a person’s health improves, and can be claimed by the executors of their estate following their death.
Published summer 2010
