Care Act and Slough Borough Council, Financial LPAs and Deputyships with Deferred Payment Arrangements

As of 1 April the first part of the new Care Act  comes into effect.

Many things change: for example, CRAG guidance will cease to apply and the Deferred Payments Scheme will change.

Instead of CRAG we will have the Care and Support Statutory Guidance:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/366104/43380_23902777_Care_Act_Book.pdf

The relevant SI under the Care Act 2014 which sits on top of this Statutory Guidance is the Care and Support (Charging and Assessment of Resources) Regulations 2014

http://www.legislation.gov.uk/uksi/2014/2672/contents/made

The Care Act 2014 sits on top of them all:

http://www.legislation.gov.uk/ukpga/2014/23/contents/enacted

From April 1 the discretionary system of deferred payments (with charge on the resident’s house) is being replaced by a mandatory system whereby eligible users will be entitled to the deferment option (but there are qualifying conditions).

Here is the information for the public from Slough:

https://www.slough.gov.uk/health-and-social-care/the-care-act.aspx

https://www.slough.gov.uk/downloads/care-and-support-FAQs.pdf

And the internal report for the benefit of the council.http://www.slough.gov.uk/moderngov/documents/s37092/Report.pdf

Mental Capacity Slough will assure itself that the person requesting the DPA has the requisite mental capacity to enter into such an agreement. Where a person who lacks capacity has either a Finance and Property Attorney or a Deputy, evidence of this will be required before the representative can sign the DPA on the person’s behalf. Where the person who lacks capacity is unrepresented, an application must be made to the Court of Protection: § A family member willing to take up the role may make a Deputyship § In the absence of such a candidate an application may be made for a Panel Deputy to be appointed § Slough may take the view that it will apply for Deputyship, depending on the Council’s resources and the composition and value of the person’s assets

Lots of reading…

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Buying a house? Have you made a will?

In recent conversation with my colleague, we noted that few conveyancers [1] talk in any detail about whether a person has made a will or not. Few conveyancers actually talk about tenancy in common either. Of course it’s all there in the fine detail, somewhere in the terms of engagement, or in the closing letter that no-one really needs.

That makes sense – it’s stressful buying a house. Who needs to think about dying as well? And who can afford to make a will?

But hang on a minute – that house will be worth hundreds of thousands – the most valuable asset you own. And you either don’t know or don’t care what happens to its ownership when you die? Surely you should find out? Make a plan?

Well yes. And lets be honest, since there is no such thing as a common-law spouse, no such thing as automatically inheriting from your partner, or even automatic entitlement to all that your spouse (or civil partner) owned, it really should be looked into.

And second marriages with children on both sides? Yes! go make that will.

[1] (the sort of lawyer that deals with buying and selling houses here in the UK)