Protecting Assets When Making a Substantial Gift

When undertaking or reviewing a financial assessment, a local authority may identify circumstances that suggest a person may have deliberately deprived themselves of assets to reduce the level of the contribution towards the cost of their care.

 

In the case Tameside Metropolitan Borough Council (19 014 246), the Ombudsman found fault lay with the local authority. That local authority was required to apply a three-part test when deciding whether a deprivation of assets had occurred

 

The Ombudsman identifies this test as:

 

  • If avoiding paying for care fees was a significant motivating factor

  • Whether a need for care was foreseeable

  • Whether a need to pay for care was foreseeable

Our specially designed package includes:

1. Adult Social Care Needs Assessment

We complete an adult social care assessment in-line with the Care Act (2014) to identify your care needs at the specific time of making the gift, this way evidencing whether a need for care was foreseeable and thus whether a need to pay for care was foreseeable.

2. A Financial Decision Tracker

We also complete a financial decision tracker interview, specifically for the transaction at hand to ensure that the decision was made autonomy and the reasoning behind the decision.

3. A Decision Specific Mental Capacity Assessment

A comprehensive and case-law specific mental capacity assessment specifically concerning the gift, evidencing a person's mental capacity to gift.

 

4. A Montreal Cognitive Assessment

Additionally and at no extra cost, we are also able to complete a Montreal Cognitive Assessment, at no additional cost, to evidence whether any cognitive impairments were impacting upon your decision making.

This comprehensive set of reports establishes your current care needs and maps your decision-making process, giving you all the evidence to better protect your decision making later down the road.

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In Person Mental Capacity Assessment

Our assessors ensure any assessment is therapeutic in nature, the Mental Capacity Act (2005) promotes the concept of supporting people to make their own decisions, it's not about removing your ability to make decisions.

 

Our assessments usually take place in the individuals home, whether this is a private residence or a care home, although on occasion it's necessary for assessments to take place in hospitals or in private organised rooms such as hotel meeting rooms.

 

An assessment, will, on average take approximately 1 hour and our experienced Social Workers try to ensure it is a comfortable and relaxed experience, its important to us that the individual feels confident enough to engage with us, as it is only that way we can get a true understanding of someone’s capacity.

More information

Telehealth Mental Capacity Assessment

via secure video link

Face to face mental capacity assessments are always going to be best practice. However, in those instances where this is not feasible, we offer a safe, secure and professional online mental capacity assessment via our integrated telehealth service.

 

As with our face to face assessments, our qualified experienced and registered Social Workers complete all of our telehealth mental capacity assessments. We provide a relaxed and informal approach to ensure you have the best opportunity and help in making decisions.