REGULAR


If it becomes clear that new clients require assistance to manage their finances and require an LPA or deputyship, there are a few points which you will need to consider.


1


Witnessing signatures If a client is setting up an LPA,


their signature on the document requires witnessing. The witness must be over 18 and someone independent of the person preparing the document. While there is no rule that a care provider cannot act as a witness, you should have a policy in place as to whether or not your staff ought to be a witness and, if so, how this is undertaken.


2


The certificate provider Before an LPA can be registered


it must be signed by a certificate provider. This person confirms the person making the LPA fully understands it. As a general rule, acting as a certificate provider is something that we suggest a care provider should decline to assist with. In any event, ‘an owner, director, manager or employee of the care home that the donor lives in’ is not allowed to provide the certificate.


3


When an LPA should be used


If a client does have an LPA it is important to be aware when this may need to be used. Where a person is unaware of the payments which they are required to make, or the assets they have, it would be a good time for the attorneys to get involved and assist with the management of that person’s finances.


A person may be able to sign cheques, but if they are unclear on what the cheques are for or how they might affect their overall assets, the attorneys ought to become involved. Capacity to manage finances fluctuates and often slowly deteriorates. Therefore, this should be monitored on an ongoing basis to ensure the attorneys begin assisting when necessary. We would not advise


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that care staff offer written out cheques for clients to simply sign.


4


Who to ask for help If you have a client who requires


the support of an attorney or deputy, it is important to know who you should speak to about this. Generally, the first point of call would be the client’s family. If a client does not have family who can assist, you can always get in touch with solicitors who deal with powers of attorney. They will usually be able to visit the client in a setting of their choice to discuss the options and assist with the preparation of an LPA or deputyship application.


Even if someone is fully capable of managing their own


finances, having arrangements


in place for the future is vital if


this should change.


Some solicitors will also act as professional attorneys or deputies, if required, and will manage your client’s finances if they do not have the capacity to do so themselves. The Office of the Public Guardian is also able to provide advice in respect of LPAs and deputyships.


5


Concerns about abuse If you have concerns that an


attorney or deputy who is acting for a client of yours is not fulfilling their required duties, this may be financial abuse. It is important that, if you do have concerns in this respect, you take action in line with your safeguarding procedures. If you are concerned about criminal conduct then the police should be informed. The Court of


Protection is also able to step in where there are concerns about the actions of an attorney or deputy.


Other practical


considerations If a client does not have an LPA or deputyship in place, cash flow problems are likely to arise while you wait for provisions to be put in place. When this situation occurs it is important to involve your bank as early as possible. The sooner they are made aware of the situation, the sooner they can look at ways to provide you with support.


It is also important to make other investors and stakeholders aware. They too may be able to provide assistance or short term solutions if they know what is going on. For some care providers (in certain circumstances), it is possible to enter into a deferred payment scheme, whereby the Local Authority funds care fees and puts a charge on the client’s property which will be paid off when it is sold.


In any event, it is always best to plan ahead and have well drafted terms of business to ensure you are best equipped to deal with this sort of situation. You may also wish to have a ‘Plan B’ as to how to let clients go if they are no longer suitable, bearing in mind the PR ramifications.


If a client becomes incapable of dealing with their finances and there is no arrangement in place for someone to take over, there is inevitably going to be a delay in fees being paid which puts an unnecessary strain on cash flow. Being aware of the steps which need to be taken when a new resident moves in, and dealing with this at the beginning rather than at crisis point, will help avoid these difficulties.


Additional research and reporting by Emily Brown, solicitor at Rix & Kay.


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