Flint Bishop

Midland lawyer voices concerns over care for the elderly

Politicians should tread carefully over new proposals for financing care of the elderly, a leading lawyer has warned.

Sofia Tayton, an associate in the private client department in the Stratford upon Avon office of Lodders Solicitors, urged them not to over-react as the General Election grows near and, if possible, agree a bipartisan solution to what is a long term issue.

Mrs Tayton spoke out in advance of a seminar to residents at the Swan Court retirement homes complex at Stratford upon Avon on March 18.

Labour has proposed a compulsory means-tested 'death tax' - the Government says it does not want to impose a flat rate and a 10 per cent levy on estates has been floated.

Based on the average house price, this would leave families having to pay £24,000 though homeowners in the more expensive South-east would face far bigger bills.

Free personal care would be introduced so the frailest could be looked after in their own homes, with some 350,000 benefiting regardless of personal wealth.

The Conservative plan allows for an £8,000 charge at age 65, as a one-off insurance payment in exchange for the cost of care homes being met in future years.

It is intended to prevent elderly people from having to sell their houses and spend all their savings on care home costs.  

Mrs Tayton said: "These are all proposals which may or may not come to pass.

"My message is that the elderly should not worry overly about such things and politicians should be careful not stir up needless fears.

"Many older people have enough concerns right now about the existing system without even more complications."

Mrs Tayton pointed out that care home fees typically amounted to between £25,000 and £45,000 a year and every year around 3,000 people were forced to sell their homes.

If you live in England and have over £23,000 in capital you will be assessed as being able to meet the full cost of your care.

Continuing Healthcare from the NHS can be provided if ongoing care is required primarily for medical reasons and not principally because of frailty.

Mrs Tayton said: "Long-term care is a major worry among families across Britain. Many people are confused by the rules that determine whether or not the local authority should pay for care.

"We will be addressing who pays and who doesn't and we will be explaining Continuing Healthcare - who does the assessments and can they be challenged?  When does the local authority get involved?  How safe is my home?

"All these sorts of issues are of great concern.

"The talk will last about 30 minutes, and we will be available to answer questions afterwards. And we are more than willing to give similar talks to other interested organisations. This isn't just an attempt to sell our services; we have seen the results of bad advice and want to give people the facts."

Mrs Tayton will also be offering an insight into Lasting Powers of Attorney - a legal document that lets you appoint someone you trust as an 'attorney' to make decisions, if you are no longer able, on your behalf.

A Property and Affairs LPA allows you to choose someone to make decisions about how to spend your money. This can include the way your property and affairs are managed. A Personal Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare.

Colleague Louise Igoe will talk about wills - why you should make one and the problems that can arise if you don't.



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Article published by Midlands Business News on 14 March, 2010

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