Property Sale

Following Care Home Move

If you are a Deputy or an Attorney deciding to sell a property following an individuals move into residential or nursing care you need to be able to answer the specific question of whether there is a possibility the individual could return home. 

We can provide all of the relevant information and evidence to support you in your decision making.

 

Including: 

1. Adult Social Care Needs Assessment

We can complete a Care Act (2014) needs assessment to identify the person's strengths and their care needs; this can allow us to determine whether a person's needs are best met in a care home or their own home and, on the scale of probability, identify if this is likely to change in the future. 

2. A Decision Specific Mental Capacity Assessment

To complement this assessment, we can also complete a Mental Capacity Assessment for the specific decisions on whether the individual can decide on their residency and care. 

3. A Best Interest-Checklist

The best interest checklist ensures any decisions being made are compliant with the principles of the Mental Capacity Act (2005) and evidence the decision-making process. 

All of this information can support you to ensure your decisions are evidence-based and well documented. 

 

 

Our assessments are person-centred and therapeutic in nature, ensuring every practicable step is taken in supporting you in your decision making. 

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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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Care Needs Court Report

Our Care Needs and Costs report is an evidence-based package of assessments and reports specially designed to identify current and future care needs and their associated costs, which can be used in a case such as divorce and applications of personal injury compensation.

Our care needs court report evidences:

  • The extent of a clients abilities to deal with day to day living and whether these abilities could improve or deteriorate over time.

  • Whether these abilities could be improved with additional support and or therapies and the associated costs of this

  • Whether a client would be able to live independently and if not suggested support and associated costs

  • The cost of identified needs, for example, domiciliary care, residential care.

  • Accommodation needs and costs

  • Whether any local authority and NHS funding is available and whether the client meets the eligibility criteria

  • Evidence of whether any State benefits are available

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, this way evidencing current care needs and making a decisions, upon the scale of probability of the impact of a worsening of those needs and identifies your eligibility for funding from your local authority to meet these identified needs.

2. A Care Plan

A Care Plan evidences how the identified needs form the adult social care assessment can be bet now and in the future, this includes day to day needs as well as maintaining relationships, social engagement and housing needs.

3. A Benefits Review

We complete a full review of any state benefit entitlement, evidencing your potential income in the future.

4. Continuing Health Care Checklist

A continuing health care checklist (CHC) helps to identify if there is any possibility of your needs being met via NHS funding. Identifying and evidencing these entitlements or not to state-funded aide can assist in divorce settlements.

5. Care Cost Review

Whether care is required right now or in the future, from our care plan we are able to contact providers and ensure your care plan is fully costed and ready to be implemented when you are.

6. Court Report

Having collated all of the relevant evidence, we can complete a full report for the courts outlining our findings and summarising needs, how these needs can be met and the cost of these needs.

 

Contact Us

0333 987 5118

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Registered Address: Grantham, Lincolnshire. Company registration number. 11803393

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