The Care Act 2014
The Care Act 2014 effectively made the Adult Social Services department within Councils responsible for the care of the elderly and the recovery of the cost of this care from them.
The Adult Social Services department within Councils can now decide who deserves to receive care, the type of care they receive, where they receive care, who provides that care and which assets of the person receiving care are used to pays for their care.
Despite significant efforts made by Social Services to improve the publics perception of how they exercise their responsibility for the care of the elderly, media coverage continues to report their very substantial failings.
The Adult Social Services department within Councils can now decide who deserves to receive care, the type of care they receive, where they receive care, who provides that care and which assets of the person receiving care are used to pays for their care.
Despite significant efforts made by Social Services to improve the publics perception of how they exercise their responsibility for the care of the elderly, media coverage continues to report their very substantial failings.
Social Services normally become involved when an elderly person's family asks for help or the elderly person is reported to them by a Doctor or Health Care worker. Before offering help, Social Services will conduct a formal assessment of the elderly persons health, metal capacity and financial status. The assessment will involve the following three stages:
Care Needs Assessment will normally involve Social Services visiting the elderly person to observe them and ask a series of questions designed to ascertain what help is needed.
If the person being assessed is to shy or unable fully articulate their needs and preferences, it is unlikely Social Services will include this information in their Care Plan. Therefore, it is important concerned family members are present at the Care Needs Assessment. Whilst Social Services are supposed to “take into consideration” information provided by family members, but they are under no legal obligation to let this information affect their decisions.
If the family member in attendance at a Care Needs Assessment is the elderly persons Attorney, Social Services are legally required to treat the information provided by the Attorney as if the information had been provided by the person being assessed. However, if during the assessment Social Services decide the person being assessed has already lost Mental Capacity, it will be too late to put in place a Power of Attorney and the family of the elderly person will have no legal right to make decisions for their relative.
Financial Assessment will normally be conducted at the same time as a Care Needs Assessment. This will involve Social Services asking questions and reviewing documentation to discover what income and assets the elderly person has that can be used to pay for their care.
Care and Support Plan is a substantial document produced by Social Services outlining the findings of their Care Needs Assessment, confirming the care the elderly person will receive and how the elderly person will pay for their care. Subject to criteria Social Services can decide to use the person's income, savings, investments or home to pay for their care. Using a person’s home to pay for their care will involve either selling their property or a Deferred Payment Agreement which is an interest bearing secured loan that will be repaid by selling the persons home when they go into a Care Home or die.
Care and Support Plans should be reviewed very thoroughly. If the person who has been assessed or their family disagrees with any aspect of the Plan, it is important to try to have the Care and Support Plan changed as soon as possible because it can profoundly affect every aspect of the future of the person the plan relates to and their family.
Home Care visits cost from around £750 to over £4,000 a month and Care Home fees cost around £6,000 a month. Therefore, Social Services are supposed to “take into consideration” a family’s views regarding how care is provided, who provides the care, where that care is provided and how much it costs, but they are not under a legal obligation to let these views affect their decisions.
However, an elderly person’s Attorney has control over their income and assets. Therefore, subject to the care needs detailed in a Care and Support Plan being met, the Attorney can choose how care is provided, who provides the care, where that care is provided and how much it costs. This is particularly useful if for example a Home Care Agency is not providing the standard of service it should or a Care Home is not suitable.
If Social Services decide a person has already lost mental capacity, because mental capacity is required to grant a Power of Attorney it will be too late to put in place a Power of Attorney. Therefore, it is important a Power of Attorney is put in place before Social Services become involved.
Care Needs Assessment will normally involve Social Services visiting the elderly person to observe them and ask a series of questions designed to ascertain what help is needed.
If the person being assessed is to shy or unable fully articulate their needs and preferences, it is unlikely Social Services will include this information in their Care Plan. Therefore, it is important concerned family members are present at the Care Needs Assessment. Whilst Social Services are supposed to “take into consideration” information provided by family members, but they are under no legal obligation to let this information affect their decisions.
If the family member in attendance at a Care Needs Assessment is the elderly persons Attorney, Social Services are legally required to treat the information provided by the Attorney as if the information had been provided by the person being assessed. However, if during the assessment Social Services decide the person being assessed has already lost Mental Capacity, it will be too late to put in place a Power of Attorney and the family of the elderly person will have no legal right to make decisions for their relative.
Financial Assessment will normally be conducted at the same time as a Care Needs Assessment. This will involve Social Services asking questions and reviewing documentation to discover what income and assets the elderly person has that can be used to pay for their care.
Care and Support Plan is a substantial document produced by Social Services outlining the findings of their Care Needs Assessment, confirming the care the elderly person will receive and how the elderly person will pay for their care. Subject to criteria Social Services can decide to use the person's income, savings, investments or home to pay for their care. Using a person’s home to pay for their care will involve either selling their property or a Deferred Payment Agreement which is an interest bearing secured loan that will be repaid by selling the persons home when they go into a Care Home or die.
Care and Support Plans should be reviewed very thoroughly. If the person who has been assessed or their family disagrees with any aspect of the Plan, it is important to try to have the Care and Support Plan changed as soon as possible because it can profoundly affect every aspect of the future of the person the plan relates to and their family.
Home Care visits cost from around £750 to over £4,000 a month and Care Home fees cost around £6,000 a month. Therefore, Social Services are supposed to “take into consideration” a family’s views regarding how care is provided, who provides the care, where that care is provided and how much it costs, but they are not under a legal obligation to let these views affect their decisions.
However, an elderly person’s Attorney has control over their income and assets. Therefore, subject to the care needs detailed in a Care and Support Plan being met, the Attorney can choose how care is provided, who provides the care, where that care is provided and how much it costs. This is particularly useful if for example a Home Care Agency is not providing the standard of service it should or a Care Home is not suitable.
If Social Services decide a person has already lost mental capacity, because mental capacity is required to grant a Power of Attorney it will be too late to put in place a Power of Attorney. Therefore, it is important a Power of Attorney is put in place before Social Services become involved.