Long Term Care

Most people would prefer to remain and receive care in their own home regardless of any physical or mental infirmity. However, sometimes the time comes when a move into residential care has to be considered. If it is decided that a move into residential care is best, it is important to choose the care home with care. Care fees can be substantial and you will be required to sign a contract. One of the many questions you may have when presented with the contract is: “Is this care home contract reasonable?”

Care fees can potentially run to many thousands of pounds over the years so it is important you fully understand the financial implications and levels of care you are signing up to. You may be signing the contract for yourself or you may be signing on behalf of a relative as an attorney or deputy, or as a third party signatory. If signing as a person who is not the resident, the contract may place upon you certain terms and conditions and liabilities for fees of which you need to be aware.

For a fixed fee, we can give you expert and specific advice on the effect and

implications of the contract, allowing you to make an informed decision. Our team of specialist lawyers will provide you with a report detailing the terms of the contract in plain English without legal jargon and commenting on matters such as unfair contract terms, non-refundable ‘admission’ or ‘administration’ charges, any requirements to pay additional ‘top-up’ fees, whether it meets the requirements of the Care Standards Act 2000 and Competitions and Markets Authority guidance and ensure it covers key things such as what happens if your care needs change and what happens if you go to hospital for any length of time.

If the contract has already been signed, a review can still be undertaken. This may be particularly important if the home is seeking to increase their charges from those agreed at the start of the contract or demanding care fees after the resident has died.

There are many questions you may have relating to long term care. Here’s just a few of the other questions and issues our specialist lawyers at Whitehead Monckton can help with:

• Should I be charged and how much should I pay for care?
• Will I get any help towards my care fees?
• Can I pass on assets to my family now to avoid care fees?
• Can my parent decide to stay in their own home when I feel they would be safer moving into residential care?
• Can my spouse, partner or other relative continue living in the family home if I move into residential care?
• Can I continue to manage my own financial affairs? Should I appoint someone to act on my behalf, in the event I become mentally incapable?
• Should I make an advance decision, setting out my health care wishes in the event I become unable to communicate them?
• What are my duties and responsibilities as an attorney or deputy for someone living in residential care; can I delegate to care home staff?
• Can my parent’s care home evict my parent with little or no notice?

We are here to help you navigate the often complex care system and achieve the best possible outcome for you and your family.