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Services for the Elderly

Stones have a wealth of experience in dealing with older clients and the issues specific to them. We are able to offer advice on matters relating to financial and welfare provision, such as Powers of Attorney, Court of Protection applications and the funding of long term care.

We regularly draft and advise upon Powers of Attorney and Court of Protection applications for clients and have a number of specialists in this field. We can deal with the administration of an individual's financial affairs under a Power of Attorney or Court of Protection deputyship.

We can also advise upon planning to preserve capital assets in the event of the need for Long-term Care whether residential or nursing care is required. We give advice on financial responsibility and funding for Long-term Care, including NHS funded care and have links with experts in this field.

We are committed to providing and promoting robust, comprehensive and independent legal advice for older people, their family and carers.

An appointment can be arranged for you at any of our offices or, if you are unable to attend the office, home or hospital visits can be arranged.

Powers of Attorney

There are various types of Power of Attorney, but they all have one thing in common - they allow someone else to deal with your affairs. Until recently, Powers of Attorney were only concerned with financial affairs. However, there is now a new type of Power of Attorney which can, if you wish, deal with your personal welfare. . From General Powers of Attorney, Enduring Powers of Attorney to Lasting Powers of Attorney, Stones can provide you with guidance on how you can plan for the future.

General Power of Attorney

Going away for a period of time or want to delegate a particular task to somebody? You may wish to draft a simple power of attorney as a quick and easy alternative to some of the more onerous powers of attorney that can be drawn up. It is usually a simple document appointing one or more persons to handle affairs limited to a particular subject or timescale.

Enduring Power of Attorney

Commonly referred to as EPAs, it is no longer possible to create new EPAs due to a change in legislation. However, it is possible to continue to use EPAs that were prepared prior to 01 October 2007. While the person who made the EPA (the donor) has capacity, an unregistered EPA can be used under their direction by the attorney, However, if the donor loses or begins to lose their mental capacity then the attorney must register the EPA with the Office of the Public Guardian.

Registration is governed by statute and must be strictly adhered to or the registration will be rejected which can mean lengthy delays in registering the EPA leaving the attorney's powers limited in the meantime. Stones advises in all aspects relating to the use and registration of EPAs.

Lasting Powers of Attorney

Introduced from 01 October 2007 by the Mental Capacity Act, Lasting Powers of Attorney (or LPAs as they are commonly known) are the updated versions of the EPA. There are two types of LPA, one that deal with property and affairs and the other that deals with personal welfare. Individuals may choose to complete one or the other or both. For both LPAs, neither can be used until such time as it has been registered with the Office of the Public Guardian

When completing a Property and Affairs LPA individuals are able to make wide ranging decisions about who should manage their property and how it should be managed. Attorneys can be pointed on an individual basis or on a joint basis or any combination of the two; in addition, replacement attorneys can also be appointed. Individuals can also place restrictions or conditions on the attorneyship.

Personal Welfare LPAs are similar documents to their Property and Affairs cousins in the variety of ways in which individuals are appointed. Different attorneys can be appointed in respect of the two LPAs. A Personal Welfare LPA can also expressly cover matter such as whether their Attorneys can refuse life-sustaining treatment on their behalf in a similar way to a 'Living Will'.

In respect of both types of LPA a certificate provider will be needed to confirm that the individual is able to make the LPA. Stones are able to act as certificate provider in the vast majority of cases.

Furthermore, it is important to remember that an individual can only prepare one while they have sufficient mental capacity to do so and, therefore, if individuals want to be able to decide who has control of the decision making process they must make provision before it is too late.

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Court of Protection

If an individual is unable to make decisions for themselves and have not made provision in the past by way of an EPA or LPA, then concerned friends or relatives can apply to the Court of Protection to be appointed as Deputies to take care of an individuals finances and in certain cases make decisions regarding welfare too. If there are no suitable friends or relatives available, then a partner of Stones may be able to take deputyship. 

Being a court-appointed deputy can be a much more complex procedure than being an Attorney. Although both classes must always act in an individuals best interest and have regard to the Mental Capacity Act and the Code of Practice, the application process and ongoing court supervision is much more detailed and complicated. Again, Stones are able to advise on all aspects and assist where necessary.

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Funding for Long Term Care

Despite advancing years, the majority of people are able to remain in their own homes. However, whether in anticipation of entering a Care Home, or when a move is certain, one needs to look carefully at the issue of funding. Since 1st October 2007 there is now a comprehensive assessment undertaken by both Social Services and the Primary Care Trust (part of the NHS) for the purposes of assessing someone's care needs. Depending upon the joint findings, it is feasible to have ones care provided for by the NHS in whole or in part. However, where nursing care is not required, it will be down to the local Social Services department to consider whether you must fund your own care entirely or whether they will provide some assistance.

We are well versed in assisting and advising people at all stages of the assessment process and, in particular, making sure that where NHS or Social Services funding (or a combination of the two) are available that they are properly claimed. The rules surrounding the assessment of need and the assessment of financial resources can be quite complicated and we are very happy to come alongside our clients to help pilot them through the various stages.

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the services for the elderly team