Care of the Elderly
The legal issues affecting older, more vulnerable people and their families comprise a highly complex area. You may feel concerned about the management of your affairs or those of a relative as you or they get older. Alternatively, you may just need some advice concerning the welfare of an elderly person. In any case, please contact W. Davies. If travel to our offices is difficult, we will visit you or the other person(s) concerned at home.

Our solicitors have experience in the welfare of the elderly and in handling their affairs. We can assist you or your relatives or friends in: writing a Will; preparing a Lasting Power of Attorney (“LPA”); assisting with managing assets, savings or investments; acting as attorney; helping with applications for state benefits and also advising on the potential benefits available when a loved one moves into a care home.

If your friend or relative has lost the necessary mental capacity to make a Will or to manage their affairs, we can help you review the options that may be available, including a Court of Protection application.

If a loved one is moving into a care home then we strongly recommend for the care home contract to be reviewed by one of our specialists.

Care Fees
The legalities surrounding older and vulnerable individuals of our society and their families involve a web of difficult rules and regulations. When a loved one needs professional care on a permanent basis, entering the world of social services, the Local Authority, Primary Care Trusts and care homes can be a minefield of information and thus highly daunting.

A source of benefit not well-publicised is Continuing Care. If someone is deemed to be entitled to continuing care then it will be the Primary Care Trust (i.e. the NHS) which would be responsible for payment of the care fees. To obtain Continuing Care is difficult and the processes can be both difficult and elongated.

Alexandra Milton, Head of our Private Client Department and a member of Solicitors for the Elderly, can guide you through the minefield of processes, benefits and procedures surrounding the move to a care home.

Care Fee Planning in Wills
Couples may feel concern about ensuring that their respective estates pass to their children or other beneficiaries instead of being absorbed by the survivor’s care fees. We advise those clients that the quality of the survivor’s care should always be considered.

Your Wills can be written so that the surviving spouse can utilise the deceased’s spouse’s assets - while retaining control over the majority of those funds, ensuring that most of those assets pass to the children on the death of the survivor. Incorporating Trusts within Wills can protect wealth for future generations, while potentially allowing the surviving spouse access to those funds to maintain the quality of care.

For more information about this please contact Alexandra Milton on akm@wdavies.com  or Fiona Gould on feg@wdavies.com