If your relative enters care and you believe they have entered due to a primary health need, rather than a social need, then the NHS may be responsible for meeting the full cost of their care.
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Care Fee Specialists
Hello, I am Adam Cresswell and I am a lawyer who specialises in Residential Care Fees. We aim to provide our clients with an outstanding legal service.
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Social care is the name given to the range of care and support services that assist elderly people to remain independent, active and safe. It would include things such as washing and preparing meals. This support can be provided in someone’s house, in a community centre or in a care home.
Health care is determined by a number of assessments undertaken by the NHS. The care needs are assessed across 11 domains. A Multi-Disciplinary Team will them recommend eligible for NHS continuing healthcare based on the nature, intensity, complexity and unpredictability of the care needs.
Your property will be disregarded from the care funding means test if you enter care but your spouse, a relative over 60 or a dependent adult remain in the property. Otherwise, it is taken into account and you may have to sell the property to pay for care fees.
Putting property into trust for your future generations is a complex issue but here at Seatons we can provide you with sound advice to enable you to make the right decisions relating to your property. If the local authority believes the property was placed in trust deliberately, they may still include this in the means test.
Your assets will put you well above the threshold of £23,000 per person at which help is given with funding care in England. You should request to be assessed under the NHS National Framework and if it is decided that you have a health need, the NHS are liable to meet the cost of care. Even if you are not found eligible, you may be eligible for NHS funding nursing care depending on your care needs.
Older adults (65 or over) or adults who have a physical, sensory or learning disability may be eligible for residential care. Before entering residential care, you care needs will be assessed to ascertain the type of care you will require and whether the NHS is liable to meet part, or all, of the costs of care.
The final decision is yours but you should consider carefully whether the home you have chosen best meets all of your needs. In relation to the first impressions do the staff and manager appear welcoming, do other relatives look happy and cared for? You should assess the locations and whether the grounds/gardens are attractive, whether your family will be able to easily visit and whether there are any shops or leisure activities local. The last main aspect to assess is whether the home is able to meet your specific cultural requirements, whether visitors are welcome at any time and whether they have the facilities to meet your care needs.
Once decided, arrangements should be made to prepare for the move. If you believe the primary reason for entering a care home is due to a health need, then you should request that an NHS continuing healthcare assessment is carried out. Regardless, a care plan should be drawn up detailing all of your needs.