LEGAL & FINANCE
undertake this role and that they understand the duties they are required to carry out.
During the application process, close family members would be notified of the proposed appointment. This process ensures that the views of all persons close to the individual who requires a Deputy are considered. The Court will also require evidence to confirm that the individual who requires a Deputy lacks capacity to make decisions about either their finances or health and welfare.
If an individual owns their home, or any other property, and moves into a care placement, the Court will request a copy of the standard authorisation from the Local Authority for the care home placement before any proposed sale of their property is approved. As this process can be lengthy, it is important to initiate dialogue with the Local Authority as early as possible to ensure that funds can be accessed to meet the individual’s needs and pay for care home fees.
DEMENTIA AWARENESS AND
LEGAL SUPPORT As care home managers play a crucial role in supporting residents and their families, it is essential to understand the legal frameworks surrounding care. For specialist advice on matters such as deputyships or powers of attorney, it is important to choose a law firm with expertise in supporting older clients. Look for firms committed to raising awareness of dementia and supporting affected families, as they are better equipped to guide you through these legal processes.
Our Chadwick Lawrence team is committed to raising awareness of dementia care and raising money for dementia charities. Whether that’s our knit and natter sessions, or hosting Dementia Friends Information Sessions exploring how individuals can spot early signs of dementia and offer support.
Consider using resources such as The Law Society website, or Lifetime Lawyers online directory, services which help find solicitors specialising in this area. Additionally, the Alzheimer’s
Society provides a directory that can connect you with local services and specialists focused on dementia care.
Understanding the Mental Capacity Act 2005 is also critical, as it provides guidelines for assessing capacity and protecting the rights of individuals who can no longer make decisions. Training staff in dementia care, including legal and practical considerations, can significantly improve experiences for residents and their families. Some law firms will offer free webinars or talks, or you can arrange for them to come and deliver a bespoke training session for your team. A well- informed approach fosters a supportive environment that promotes dignity and respect.
WORKING TOGETHER FOR BETTER CARE Care homes, families, and legal professionals must work
together to ensure that individuals living with dementia receive comprehensive care, safeguarding their legal rights. Whether guiding families through the process of registering an EPA, or making applications to the Court of Protection, the legal aspects of dementia care are as important as the day-to- day support provided.
Being prepared means ensuring that every individual’s wishes are respected and protected, even when they can no longer advocate for themselves.
At Chadwick Lawrence, we understand the vital role that care homes can play in supporting individuals living with dementia and we appreciate the compassionate care provided by these facilities.
The firm’s specialist Court of Protection team has helped care homes navigate these challenges by providing guidance and assistance with Court of Protection applications, preparing powers of attorney and reviewing mental capacity. We believe that combining legal expertise with a deep understanding of dementia care empowers care homes to better serve their residents and families
www.chadwicklawrence.co.uk
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