Historically most contact between the social work profession and solicitors has either been via local authority legal teams or when solicitors are acting as service users financial attorney, and even then contact is generally limited.
As we experience an increase in longevity and an increase in illnesses such as dementia, (current estimates are at 850,000 diagnoses in the UK). Due to these and other factors, there is an increased need for individuals to either ensure they have a power of attorney in place. If the client retains capacity this can be done via the office of public guardian or if the person lacks capacity the court of protection can appoint a solicitor as an attorney.
Unfortunately having a solicitor appointed as an attorney isn’t the end of the journey. For those individuals who need care either from a care home or domiciliary care this still needs to be organised . Whilst under the care act (2014) everyone is entitled to an assessment, staff shortages and increased caseloads can mean waiting lists can be lengthy.
But even when care is organised and local authority teams can “end their involvement” an attorney continues to retain responsibility in ensuring their client’s funds are spent appropriately. We have heard stories of attorneys helping individuals physically move into care homes, annual reviews completed by attorneys that have found domiciliary care providers that have not been providing the care they have been billing for, or clients that have funds available not having needs such as clothing and social inclusion being met.
The difficulty is that even once a solicitor has been appointed as an attorney there is a split between finance and health/welfare. Solicitors appointed by the courts as attorneys, generally, can only make financial decisions.
Independent Social Work and Solicitors working together.
Independent Social Work allows for solicitors to appoint a Social Worker to complete health and welfare checks, care reviews, needs assessments and best interest decision. Meaning their client’s needs are not only met but reviewed on a regular basis and decisions made in concordance with the Mental Capacity Act (2005). This ensures clients funds continue to be spent appropriately. Improving the clients day to day life as needs can be assessed and met quickly and efficiently.
Services such as our keyworker services allows for a qualified social care professional to attend an attorneys client on a bi-weekly or monthly basis and ensure that their health and welfare needs continue to be met, this could be as simple as purchasing clothing or helping your client to access GP or dentist appointments.
Independent social work can also aid in ensuring that care service levels between annual reviews are maintained, and advocate on your client’s behalf should they drop.
Independent social work in adult social care is an emerging field but is important in supporting solicitors in meeting their duties as attorneys and ensuring their clients receive the very best care available.
Nellie Supports provides several services useful to solicitors acting as attorneys.
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