Home Care
When preparing Lasting Powers of Attorney for clients, they often state adamantly that they do not want to go into care. They do not always realise that there are many options available between where they are now and the care they may ultimately need.
Sometimes the client may need some home help or housekeeping, whereas the other end of the spectrum may be dementia and Alzheimer's Care.
When working with home care providers, Fern Wills & LPAS (Fern) collaborate to ensure that the client's preferences are legally sound and aligned with their care plans. Here's how it might look:
Customising Legal Documents: Fern drafts an LPA that aligns with the client's healthcare preferences, ensuring that the home care provider understands and respects their wishes.
Regular Reviews: A client may not realise that they have the first signs of dementia, until this is observed and reported by a diligent home care assistant. Communicating this to the client and their family (subject to privacy policy) can enable Fern to see the client in time to record their Powers of Attorney and Will requests.
Very few solicitors and will writers have experience and qualifications in dementia care. Fern Wills specialises in working with vulnerable adults and can support the client, their family, and care providers by ensuring that the correct legal documents are in place to record the client's wishes. Fern Wills understands medical, emotional, and legal aspects of providing a personalised, ethical, and legally compliant solution.
This collaboration ensures that clients receive holistic support, covering both their legal rights and personal care needs.
Relevant Legal Documents:
The drafting of Property & Financial Affairs (P&F) and Health and Welfare (H&W) LPAS with preferences and instructions aligned to the level of care the client wishes for themselves.
Case Study 1: A client was adamant with family and care workers that they had an LPA already. They did not know where to search to check if this was true. The care worker reported this to their head office, who referred the case to Fern Wills as urgent. Fern Wills conducted a free, no-obligation search for any existing EPA and LPA. Fern discovered that the client had registered an EPA in 2006. This was out of date because one attorney had died, the other was seriously ill, and neither could have worked alone because it was poorly written; the clients had drafted it themselves. Even if it had been valid, it did not influence health and welfare.
The solution: Fern created and activated (attested) a General Power of Attorney (GPA) the same day, enabling the family to use the client's bank account to pay for care without continuing to commit a criminal offence. Fern helped to revoke the old EPA and created a new H&W and P&F LPAS. To accompany the LPA, Fern drafted an advance decision to support the H&W LPA.
Case Study 2: A client and their family had asked the care provider if they knew of someone who could be trusted to help create a Will as part of the client's dying wishes.
The Solution: Fern Wills attended the person's home when the care team indicated the medication would have its minimum effect to ensure that the client could demonstrate full mental capacity to write the will. The Will stated nothing contentious, and there was no evidence or suspicion of coercion. These are just a few of the safeguards that Fern Wills checks to ensure a moral and legal document is produced. The instructions were given, and the wills were produced within a few hours. The family could not witness the will; therefore, Chris returned with the printed documents, a mental capacity report, and a brief confidential video of the client answering key questions to prove mental capacity. Chris also provided an experienced professional witness for the signing.
Relevant Care Provisions.
Offering a comprehensive range of home care services designed to support individuals in their daily lives. Services include:
Personal Care: Assistance with bathing, dressing, grooming, and other personal hygiene needs.
Companionship: Providing social interaction and emotional support to help reduce feelings of loneliness and isolation.
Domestic Support Assistance: With household tasks such as cleaning, laundry, and meal preparation.
Specialist Care: Tailored care for individuals with specific health conditions, including dementia, Parkinson's disease, and more.-
Respite Care: Temporary relief for primary caregivers, allowing them to take a break and recharge.
In-Home Care, Personal Care, Mobility Assistance, Meal Preparation Services, Medication Management, Live-In Care, Respite Care, Companionship Care, Dementia & Alzheimer's Care, Home Help & Housekeeping
Call Fern Wills & LPAS for a referral to local care providers. With our dedicated services, let us help you or your loved ones maintain a comfortable and fulfilling daily life.
Designed to offer personalised and compassionate care to individuals who need assistance with daily activities. Whether you require short-term support or long-term care.
