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Legal Matters Some people are more careful about selecting who cuts their hair than who handles their important personal legal matters, such as estate planning, guardianship, probate and other legal issues concerning the elderly. And most people do not manage the relationship with their solicitor with anything like the attention that they should. Following some basic guidelines can help ensure your legal needs are met at a reasonable cost. Finding a solicitor Neither the biggest ad nor the longest list of areas of practice in the Yellow Pages will ensure you are selecting the right law firm or solicitor for you. If you don't already have your own solicitor, contact several in your area (word of mouth recommendations and / or look in the Yellow Pages), explain your problem briefly and ask for a quote. Try to find a firm of solicitors that specialises in this area of the law. A solicitor will be able to visit you in your home if it is difficult for you to get to their offices. The Law Society of England & Wales represents about 80,000 solicitors, and another way of finding a solicitor in your area is to visit its web site: http://solicitors-online.com or contact the Law Society's records department on 0870 6066576. For general information visit http://www.lawsociety.org.uk. Solicitors in Scotland and Northern Ireland are represented by their own Law Societies. Working with a solicitor As arranging and paying for care becomes increasingly more confusing, solicitors are able to offer much needed legal advice. For instance, many people believe that if they give away their home to a relative, it won't end up being sold to pay for care if they have to move into a residential or nursing home. However there is no guarantee that their home will not be counted against the cost of care. The most important issue is the intention of the gift - if a person gives their property away just to avoid paying for care, it could still be counted. The Law Society has issued guidelines to solicitors to advise on such matters and to warn clients of the risks and consequences of giving away property. These guidelines ensure that vulnerable older people are protected against abusive or unscrupulous relatives who try to force them to sign their homes over to them. By going to a solicitor you have the peace of mind that he or she is bound by a set of professional rules - the Guide to Professional Conduct of Solicitors - which they must follow. For example, a solicitor must act in the interests of a client, not act fraudulently and cease acting if a conflict of interests arises. Failure to follow this code of conduct can result in disciplinary action. Power of attorney Did you know that you can make provision for someone to take over the running of your day-to-day affairs or deal with your paperwork when you can no longer manage for yourself? Well before you need to you, you can choose someone you trust to deal with all or some of your affairs, so that if the time comes when it is a problem for you, he or she can take over as you have agreed. This person becomes your attorney and is granted a "power of attorney". The person you choose can be a relative or friend - so long as they are over 18 and willing to act on your behalf when necessary. The power of attorney becomes an "enduring power of attorney" when you can no longer deal with your affairs, and your representative is recognised by the Court. To discuss it further you should contact a solicitor who will explain the process fully to you and the person you choose. When you have both agreed, your solicitor will draw up a formal document. If you change your mind at a later about the person you choose, you can revoke the document. The contract Most people make their own arrangements for home care or moving into a care home and agree a fee for their care with the home owner; others are helped by Social and Caring Services and may also get financial help with the cost of their care. If you do make your own arrangements you should make sure that before you agree a home care package or move into a care home you are given given a contract. This should be signed by you or your representative and by the home owner or manager or his or her representative. The contract should confirm exactly what you will be paying each week and what that charge covers. It is considered good practice for residents to have a more detailed contract agreeing the terms and conditions under which they live in a care home. The Continuing Care Conference (CCC) is a group of commercial, charitable and public sector organisations with an interest in continuing care for older people. If the home you choose offers you a contract that it usually uses to agree terms and conditions, you may find it useful to compare its content with that of the CCC. If you feel there is something missing from the contract you are offered, ask for it to be included before you agree and sign the document. The contract should include: Contracts for people getting help towards the cost of their care from Social and Caring Services Most independent sector homes in west Sussex have a contract with their local Social and Caring Services Department that includes the price they will be paid for a care-package and room booked by Social Services (the "Social Services Band Rate" and other terms, such as an agreed notice period on both sides, and what happens when a resident has to go into hospital. The contract also sets out the standards that homes must meet. These terms automatically apply to anyone whose care is arranged by a Social and Caring Services care manager. |