When a Christmas Visit Shows More Care is Needed
Earlier this week an expert from Cornwall Partnership NHS Foundation Trust wrote about the health benefits of meeting up with older relatives over the Christmas period. A festive get together could also highlight the need for extra care. Here, Frank Cook from the Private Client Team at Stones Solicitors LLP, looks at the issues.
It is perhaps one of the most difficult decisions to make for another person, but as our population ages it will become a more common dilemma – what do we need to think about regarding those we care for and about?
The first issue to consider is the health and welfare of an individual. Are they getting the help and support they need? Has a local authority needs assessment been carried out? Your relative will be entitled to this regardless of their financial position. They take a little while to organise but they can help highlight particular areas where support may be needed.
Are they claiming their full entitlement to state benefits? Charities such as Age UK Devon offer a free benefits check. Not all benefits are means tested and millions of pounds worth of benefits go unclaimed every year.
The next issue for consideration is whether your relative has a power of attorney in place. They may have an Enduring Power of Attorney or alternatively they may have prepared a Lasting Power of Attorney. Either way, by granting a power of attorney to their relatives the individual can choose who they want to act for them if they need help or are unable to make decisions themselves in the future.
If your relative does not have a power of attorney in place and loses their mental capacity then an application to the Court of Protection may have to be made. Such applications can be expensive, complex and time consuming.