Dealing with dementia isn’t easy – but finding the right care plan solution eases the pain

1. Our Deputyship Assist Service
We provide our Deputyship Assist Service to financial and property Deputies, usually the person’s next of kin.  
Where a person lacks mental capacity to manage their own financial and property affairs, the lawful authority to manage their affairs is a Deputyship. This is needed when someone has not previously appointed an attorney in a registered Lasting Power of Attorney (LPA) and does not at present have the mental capacity to make a valid LPA.

We assist financial Deputies from all steps to being appointed by the Court of Protection to day to day management of the person’s financial/property affairs.

The main responsibilities of the Deputy are:

  • Inform the banks, pension providers and any third party service provider connected with the financial and property affairs of the person that they are now appointed to receive the person’s income occupational pensions, state benefits, premium bond winnings etc.
  • Administer the day to day finances of their client eg. Managing accounts and paying for care
  • Be involved in monthly reviews of care home plans for the person or earlier reviews by the care home, where there is deterioration. For a person with dementia, health needs often include consideration of needs in domains of cognition, emotional and psychological needs, behaviour, mobility, skin, nutrition, continence, risks and fluctuations in needs.
  • Understanding of health and social care funding law and DWP benefits – if you did not, there is a risk that you could dispose of an asset that you did not need to, fund care that you did not need to and invest funds in a way that adversely affects the person’s entitlement to state assistance
  • If there are investments, being familiar with tax implications to prevent a loss due to disposal of an asset that may create a taxable gain, for example inheritance tax, income tax and capital gains tax
  • If the person owns a business, you may need other skills that would depend on the nature of the business.

There is a court approved Security Bond obtained by the Deputy to protect the person’s finances and property estate. Dementia Partners provides Professional Indemnity Insurance (PI) and Public Liability Insurance cover to Deputies.

Where a person lacks mental capacity to manage their own finances, we can assist an Appointee to administer that person’s state benefits. The Appointee has limitations on legal authority to the following main responsibilities:

  • claiming DWP and state benefits for the client, including completing and signing any claim forms
  • collecting/receiving benefit payments for the person
  • paying any reasonable expenses that the person needs to pay eg. care home fees
  • reporting any changes in their own circumstances that the DWP may require

2. Lasting Powers of Attorney Assist Service

We assist Attorneys. We also provide services as a nominated professional Attorney or a replacement Attorney.

There are many reasons why you may want to appoint a professional to act on your behalf in a LPA capacity. You may be concerned that your capacity to make decisions may reduce due to ill health (both physical and mental). You may decide that you want to make arrangements to ensure your financial, property and health and welfare affairs will be looked after if and when you lose mental capacity, ensuring that your best interests are taken into account, even if you can’t make such decisions for yourself.

  1. Health & Welfare arrangements – A Health & Welfare LPA allows you to choose one or more people to make health and welfare decisions with the healthcare team. This legal authority can only be used if you lack the mental capacity to make related decisions for yourself and the decisions must be made in your best interests at all times, taking into account your wishes in the LPA.
  2. A Property & Financial Affairs LPA requires you to choose one or more people to make some specific or all property and financial affairs decisions for you. You can appoint someone as an attorney to look after your property and financial affairs immediately or alternatively, only if you lose the mental capacity to do so yourself.

LPAs are only valid if:

It is registered with the Office of the Public Guardian (OPG) before it can be used

You choose someone to provide a ‘certificate’, which means they confirm that you understand the significance and purpose of what you’re agreeing to Your signature and the signatures of your chosen attorneys are witnessed Your attorney(s) sign the LPA to agree they must follow the Code of Practice of the MCA 2005 and act in your best interests

Dementia Partners assist you to draft and register your LPA, while also acting as a Professional Attorney for those clients that may not have anyone who could or would be prepared to take on this role. We also act as Replacement Attorney’s when the need arises.

3. Personal Budget Assist

The person with dementia may be eligible to get financial help from the Local Authority for dementia care packages in the family home or a care home. The amount of financial help is a personal budget. You may wish to manage the spending by opting for a direct payment of the personal budget agreed.

The Care Act: assessment and eligibility

The Care Act 2014 has brought changes to needs assessments for care packages to determine if a person is eligible for a publically funded care and support package, if so, there will be a financial assessment to work out if the local authority can provide financial help towards the cost of the care package.

Where the next of kin, attorney or close friend of the person would like our help with the assessments with a view to getting financial help for dementia care, we assist by attending assessments and injecting your views in the process, on behalf of the person on the question of needs eligibility for a care package. After needs eligibility is confirmed by the local authority assessor, the next step is to complete the person’s financial assessment and await the local authority’s decision on whether the person is entitled to publically funded care and support.