Mental Capacity and Assessments

The NHS is responsible for paying for people in care that are deemed to have a health need but with experience, we have found that the NHS avoid their duties thereby avoiding funding people’s care and instead, the person in care has to use their assets to fund their care.

Please call us for a no obligation chat on 01536 276300 or use our online enquiry form.

Mental Capacity Assessments

It is common for elderly people to have cognitive impairment due to age or illness. Families may have a Power of Attorney in place (this is certainly advised and something we can assist with) meaning that there are no issues in relation to decision making.

Full Mental Capacity

If your relative has full mental capacity then they can request for the relevant NHS assessments to be completed. The NHS may refuse to allow family members to attend the meeting but you can certainly ask, perhaps suggesting support for your relative.

No Mental Capacity

If your relative has unfortunately lost mental capacity, then to be in the best position you should have a Power of Attorney in place. This allows you to make decisions on behalf of your relative. If your relative loses capacity and you have not obtained a Power of Attorney then you may have difficulty with involvement of assessments. However, there are ways around this.

What you need to be careful of is how the NHS communicate the decision in relation to eligibility for NHS Continuing Healthcare to your relative. Often, even if it is clearly recorded in the documentation that your relative has severe cognitive impairment, the NHS will send the outcome to the care home who do not have a duty to pass it on to the relatives meaning that you could lose the chance to appeal a wrongly made decision.

At the assessment, you should make it clear of your involvement with your relative, and as a representative (under a Power of Attorney) insist that you attend that assessment as you have a legal right to. You should insist that the assessor records in the documentation that as the representative you want to be sent a copy of the outcome.

Best Interests

If your relative does not have mental capacity, the NHS may refuse to allow you to participate in the assessments – this puts them in a better position if they intend on refusing eligibility as there is no-one to assist your relative and essentially the NHS can score as they please.

If your relative does not have mental capacity and the NHS are refusing to complete the NHS Continuing Healthcare assessments you should refer them to the Best Interests as it is clearly in their best interests to find out whether they should be paying for their care. Unfortunately, it is an easy way out of the NHS funding the cost of care.


Even if your relative has passed away you can still commence a retrospective review into eligibility of NHS Continuing Healthcare. You will need to have authority to act and this is demonstrated by a Grant of Probate – if you don’t have this document we can arrange it on your behalf.

Information Video On Care Fees
Welcome To Seatons Solicitors – Corby & Kettering

Latest Podcast On Care Fees

Latest Articles About Residential Care

Seatons And The UK Care Guide Partnership Announced

The UK Care Guide website is designed to support those looking for help and information across a range of care related topics and part of their site helps people looking for advice on NHS CHC Funding, Lasting Power of Attorney or Making a Will.

Carer Caught On Camera Slapping A Kettering OAP

Mrs Marsden, a Kettering woman, suffering from dementia has been caught on camera being assaulted by her carer in her own home.

Reclaiming Residential Care Fees

Many of our loved ones have been unlawfully required to pay for their residential care, usually out of hard earned savings or from their last remaining asset (their home) which they wanted to leave to others in their will.

A Different Approach To CHC Assessments

The introduction of the Care Act 2014 can assist families in the continuing fight for NHS funding.
Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type
Free Guide To Residential Care Fees
Why Use Seatons?
  • Practical sensible help and information
  • Fixed, competitive and affordable prices
  • We care about you and fight for you
  • Regulated by the Solicitors Regulation Authority
  • We can help resolve your issue quickly & easily