Throughout the process of applying for NHS Continuing Healthcare funding, family members will be asked for a copy of the Lasting Power of Attorney (LPAs) if the applicant is alive and no longer has mental capacity or a copy of the will if someone is claiming for a refund of care fees on behalf of the estate if someone has sadly died. Both of these legal documents require serious consideration, and meticulous care to ensure that your wishes are met when you can no longer make decisions for yourself or for the end of life.
Ensuring that you have the right paperwork can give you the security that your wishes will be fulfilled, and that strangers will not be making important decisions on your behalf. It also helps you through the NHS Continuing Healthcare process more easily.
Lasting Power of Attorney
A Lasting Power of Attorney is a legal document that allows you to appoint someone you trust to make important decisions on your behalf if you are no longer able to do so. This may be a consideration for the future in case you lose mental capacity or become very ill.
Many people put off making a Lasting Power of Attorney, but it is an invaluable legal document that can provide many benefits, as well as security over your future. Advance preparations in making a Lasting Power of Attorney could have huge benefits, such as:
- Your partner or the person you appoint is able to sell your home, pay your bills or collect your income without costly permission from the court. It will make things much easier and cheaper for your friends and family to sort out.
- The people that you trust the most with your affairs will be involved in making decisions in your best interests. A stranger or someone that you do not trust will have no authority to get involved.
- You can make advanced care planning and make your own wishes and preferences clear regarding your choices about treatment and health issues.
- Quite often, if you are seeking NHS Continuing Healthcare funding, you will be required to have a Health and Welfare LPA if your loved one has lost mental capacity. This also gives loved ones access to vital medical records without any hassle.
With a Lasting Power of Attorney, the appointed person can manage finances and/or healthcare or medical issues for you in the future if you reach the point where you are no longer able to make decisions for yourself. This document is vital if you want to ensure that your most important decisions are protected.
Having a will is the simplest way to ensure that your family and loved ones are looked after once you have passed away, especially your children.
There can be disadvantages to not having a will. The absence of a will can leave family members facing difficult problems when distributing an estate. If you have submitted a claim for NHS Continuing Healthcare funding, it is much easier to establish who has legal authority to act on behalf of the deceased’s estate and who the beneficiaries are if there is a will.
All wills can vary greatly as each individual has different wishes.
Wills and LPAs make life significantly easier for individuals applying for NHS CHC or seeking refunds of care fees on behalf of their family.
To assist with preparing the above, you can seek help from charities such as the Citizens Advice Bureau or Age UK or you could seek independent legal advice from a solicitor specialising in this area. Don’t delay, seek help today to make things easier for yourself and your family in the future. Please note that Just Caring Legal does not assist in the preparation of wills or Lasting Powers of Attorney.