Services for solicitors

Services for solicitors

Do you handle LPAs, Wills and trusts?

Grandmother and granddaughterPrivate client solicitors – now you can help prevent your clients being wrongly charged for care.

When your clients are facing decisions about long-term care, it’s often hard for them to know what to do.

  • Your clients may not know how the care fees system works.
  • The NHS and local authority may give them conflicting and incorrect information.
  • Your clients may be denied the nursing care they’ve already paid for all their lives through taxation – and which the NHS has a legal duty to provide free of charge.

Our website is a specialist information resource about care fees and NHS Continuing Healthcare -and you can tap into it to add even greater value to your services to clients.

LPAs, Wills and Trusts

Ask about care fees. If your client – or their elderly relative – is currently in full time care and paying care fees, the NHS may have a duty to pay those fees instead. These care fees often amount to tens (sometimes hundreds) of thousands of pounds. If your client has primarily health needs, the funding they should be receiving is called NHS Continuing Healthcare, and it covers 100% of care fees.

Extra value for clients – and clear benefits for you

It’s always worth having the conversation about care fees with your client. It can save them losing everything they and their family have worked for.

Find out more about Care To Be Different and NHS Continuing Healthcare 

9 Comments

  1. Irene Irvine 3 years ago

    I have been fighting my 99 year old mother’s case for 2 years now. Can you advise me if there are any solicitors specialising in CHC who act on a No Win No Fee basis? I am not asking you to recommend anyone as I know you do not do this but perhaps you could just let me know if there are people who do this.
    Many thanks
    Irene

  2. Kate Parkinson 4 years ago

    I have commented previously regarding my Dad’s situation. I was very much heartened by the reply and feel we have a good case, retrospectively. Having looked through most of the evidence we have, I can show that we did ask for a Continuing Healthcare (CHC) assessment to be done on Dad’s entry to the Care Home. However, this was completed by the Social Worker at the time, who completed the checklist by himself, it seems, as he has only put his name to it. Neither we, Dad or a healthcare professional that knew Dad was involved or invited to have input into the Checklist and the findings were that Dad wasn’t eligible for CHC and only Social Care. I understand this should have been reviewed on an annual basis or at least the next time we requested a financial assessment. At no time in the two subsequent financial assessments requested did the current status of Dad’s health get mentioned, they were only interested in proving they did not have to contribute, firstly saying that they wouldn’t even begin to contemplate an assessment until we could prove that Dad didn’t have £45,000 worth of Premium Bonds and in the second instance adding in his life assured PIP that had been disregarded at the beginning. I have since drafted a letter of formal complaint to the Head of Adult Care services but just want to check that all the facts are correct before I send it. I have requested access to Dad’s medical records but they are taking an awfully long time to do this. I have also spoken to a solicitor regarding this, but the questionnaire they have sent out is very medically based and I will have to see Dad’s medical records and get Care Home records just to fill this in. They are a no win-no fee based company who will charge 25% + VAT of all monies with interest recovered. I am unsure if this is how to proceed and wonder if you can help with this. Do you have solicitors or financial advisors that can help? Also my biggest worry is that the solicitor acting for the Care Home provider, has said that they will start pursuing us for the outstanding fees of £34,151.58, the County Council advised we did not pay any more fees until they had completed their last assessment, tomorrow and I have yet to find anyone who can tell me if I can withhold the payment until this issue of CHC is resolved or whether I should pay it in the hope of being able to reclaim it through the retrospective claim. My other question is that if we don’t have the money to pay all of it, assuming that they cannot touch the money from Dad’s life assured PIP, how does that leave us? Are we liable for the whole cost? I’m sorry that I am going over the same ground again, but I cannot seem to get any answers anywhere else as the solicitor says they cannot answer any financial queries.

    • Angela Sherman 4 years ago

      Kate – the Checklist can be completed by one person, such as a social worker. However, this is only stage one. Stage two, the full multidisciplinary team (MDT) assessment cannot be completed by only one person; it must be a team. It is stage two that decides eligibility, not the Checklist. If stage two (MDT) was carried out in your dad’s case and if it was carried out by one person only, the process was flawed. If your dad’s case genuinely reaches a conclusion of not eligible for Continuing Healthcare then it is only his money/assets that should ever be taken into account in the payment of care fees. No one else in the family should be asked to pay. The exception could be top up fees, however the local authority cannot force you to pay these. This may help: http://caretobedifferent.co.uk/care-home-top-up-fees/ This article may also help you in a more general sense: http://caretobedifferent.co.uk/care-act-2014-helps-you-with-nhs-continuing-healthcare/

    • Angela Sherman 4 years ago

      Regarding solicitors, the best thing to do is to google ‘solicitors continuing healthcare’ or something similar. Mae sure whoever you choose is a specialist in Continuing Healthcare funding and not someone who just knows a little bit about it.

  3. mahani 4 years ago

    I am at my wits with the care fees as I know they are over charging me with various different statements and TOP UPS. I had no guidance from anybody or social worker. My partner has advanced vascular dementia. He has a peg for feeding, can’t speak, hoist to bed and chair. He looks at you. He has double incontinence. In August 2015 he had a massive stroke and was in hospital for 3 months and has been in nursing home since 17th Nov 2015. I had a solicitor to deal with it but he doesn’t seem to be of help. I just paid him £2.400 to deal for me but I am the one who had contacted the Council about everything. The Social worker is not helping as she assessed Malcolm base on his property and he was asked to sell. It was sold on 30th March 2016.
    Last week the home’s finance department told me that they would take me to court and evict Malcolm.
    My Solicitor advised me to pay to stop them doing it. I have paid the amount which I had calculated, which is correct but the Home calculated more than what it should be. It is so stressful and I want my partner to have a proper assessment, as I know he can get NHS Continuing Health Care. His condition has not improved, his stroke arm is glued to his chest and fingers are clenched, his neck is tilted to the right too as the stroke was on the right side. I don’t get any feedback about his health. The only assessment he had was at the hospital before he was admitted to the nursing home. He had low points as he is not aggressive enough and he only needs a nurse to do it and is only entitled to £112 indefinitely from NHS.
    I don’t know what to do to get a proper assessment as the present social worker won’t contact me and I have left messages for her.

    • Angela Sherman 4 years ago

      Was Malcolm properly assessed for NHS Continuing Healthcare before being discharged from hospital last year, Mahani – and with you involved in the process? If not, Malcolm shouldn’t pay anything until this has been done. You can also write to the social worker and tell her she has acted against the law in conducting a financial assessment before Malcolm has been properly considered for Continuing Healthcare. This is a serious matter. You could copy the letter to the Head of Adult Care at the local authority. If Malcolm did have a Checklist assessment for Continuing Healthcare before being discharged from hospital, and he was denied finding at that point, you can appeal. Do you have the Checklist scores?

  4. Ms Archana Sharma 4 years ago

    Hi Angela – Thank you for publishing your book. We are at the beginning of the process of getting mum what she is entitled to in terms of benefits as my father was a bit old school and perceived it as shameful to do so. She suffers with progressive dementia and has now been diagnosed with Alzheimers and don’t really have a clue where to start.
    My father and brother have both now passed away so my nephew came to stay at his grandmas. He is worried that because he lives there and is now working that she will be penalised for any means tested benefits and has offered to move out. It would be invaluable to know what your view is on this. Have just downloaded your book and will be sifting through to arm myself with the knowledge needed to deal with the system.

    Kindest Regards, Archie (Archana) x

    • Angela Sherman 4 years ago

      Thanks for your comment, Archana. I can understand you concerns about whether your nephew’s position might affect benefits. We focus NHS Continuing Healthcare, rather than the range of local authority benefits and regulations, but you may find the AgeUK website helpful regarding benefits. They have a wealth of information on there: http://www.ageuk.org.uk/money-matters/claiming-benefits/

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