LEGAL AND FINANCIAL MATTERS FOR THE ELDERY

When making the very difficult decision on care and whether to give up your own home it is important to consider the legal and financial implications and to take good advice from a specialist adviser in matters such as:

• Lasting Powers of Attorney
• Court of Protection issues
• Wills and tax planning
• The sale of your property
• Financial planning tailored to your own personal needs

On 1st October 2007, the law changed, bringing the Mental Capacity Act 2005 into force. An
existing Enduring Power of Attorney (‘EPA’) made before that date will remain valid, you can either continue to use it or cancel and set up a property and financial affairs LPA but any new Powers made since then must be a Lasting Power of Attorney (‘LPA’).

An LPA is a legal document that gives someone chosen by you (usually a friend, relative or professional person) the right to make decisions on your behalf. There are two kinds of LPAs, one relating to your property and financial affairs, and one to decisions about your health and welfare. You can choose to make one or both types.

You may appoint more than one person as your attorney, in which case you will have to decide how the attorneys will work together. You may appoint different people to look after your property and financial affairs and your health and welfare.

Under a Health and Welfare LPA you have the option to give your attorney(s) the power to give or refuse life sustaining treatment on your behalf. In both kinds of LPAs you may place restrictions on what your attorney(s) may do on your behalf and provide guidance on how you would wish them to act.

You do not have to wait for your ability to make decisions about yourself to decline before choosing your attorney(s), to make the decision for yourself. Indeed, it is a good idea to plan ahead as early as possible. You retain the right to stop the LPA at any time (so long as you are able to make a decision yourself)

Your attorneys are able to renounce their appointment, and you can name ‘replacement attorneys’ in the original document to act in place of an attorney who is no longer able to act.

An LPA must be registered with the Office of the Public Guardian (This can take up to 20 weeks) before it can be used by your attorneys. The registration process is intended to protect against possible abuse of the powers.

Remember, a Lasting Power of Attorney is a legal document that gives someone else the right to act on your behalf if you are not able to make some or all of the decisions to do with your life. You should therefore be sure that the people you choose to be your attorneys know you well and, most importantly, that you trust them to do what is best for you. remove this text and replace with the following:

On 1st October 2007, the law changed, bringing the Mental Capacity Act 2005 into force. An
existing Enduring Power of Attorney (‘EPA’) made before that date will remain valid, you can either continue to use it or cancel and set up a property and financial affairs LPA but any new Powers made since then must be a Lasting Power of Attorney (‘LPA’).

An LPA is a legal document that gives someone chosen by you (usually a friend, relative or professional person) the right to make decisions on your behalf. There are two kinds of LPAs, one relating to your property and financial affairs, and one to decisions about your health and welfare. You can choose to make one or both types.

You may appoint more than one person as your attorney, in which case you will have to decide how the attorneys will work together. You may appoint different people to look after your property and financial affairs and your health and welfare.

Under a Health and Welfare LPA you have the option to give your attorney(s) the power to give or refuse life sustaining treatment on your behalf. In both kinds of LPAs you may place restrictions on what your attorney(s) may do on your behalf and provide guidance on how you would wish them to act.

You do not have to wait for your ability to make decisions about yourself to decline before choosing your attorney(s), to make the decision for yourself. Indeed, it is a good idea to plan ahead as early as possible. You retain the right to stop the LPA at any time (so long as you are able to make a decision yourself)

Your attorneys are able to renounce their appointment, and you can name ‘replacement attorneys’ in the original document to act in place of an attorney who is no longer able to act.

An LPA must be registered with the Office of the Public Guardian (This can take up to 20 weeks) before it can be used by your attorneys. The registration process is intended to protect against possible abuse of the powers.

Remember, a Lasting Power of Attorney is a legal document that gives someone else the right to act on your behalf if you are not able to make some or all of the decisions to do with your life. You should therefore be sure that the people you choose to be your attorneys know you well and, most importantly, that you trust them to do what is best for you. remove this text and replace with the following:

On 1st October 2007, the law changed, bringing the Mental Capacity Act 2005 into force. An
existing Enduring Power of Attorney (‘EPA’) made before that date will remain valid, you can either continue to use it or cancel and set up a property and financial affairs LPA but any new Powers made since then must be a Lasting Power of Attorney (‘LPA’).

An LPA is a legal document that gives someone chosen by you (usually a friend, relative or professional person) the right to make decisions on your behalf. There are two kinds of LPAs, one relating to your property and financial affairs, and one to decisions about your health and welfare. You can choose to make one or both types.

You may appoint more than one person as your attorney, in which case you will have to decide how the attorneys will work together. You may appoint different people to look after your property and financial affairs and your health and welfare.

Under a Health and Welfare LPA you have the option to give your attorney(s) the power to give or refuse life sustaining treatment on your behalf. In both kinds of LPAs you may place restrictions on what your attorney(s) may do on your behalf and provide guidance on how you would wish them to act.

You do not have to wait for your ability to make decisions about yourself to decline before choosing your attorney(s), to make the decision for yourself. Indeed, it is a good idea to plan ahead as early as possible. You retain the right to stop the LPA at any time (so long as you are able to make a decision yourself)

Your attorneys are able to renounce their appointment, and you can name ‘replacement attorneys’ in the original document to act in place of an attorney who is no longer able to act.

An LPA must be registered with the Office of the Public Guardian (This can take up to 20 weeks) before it can be used by your attorneys. The registration process is intended to protect against possible abuse of the powers.

Remember, a Lasting Power of Attorney is a legal document that gives someone else the right to act on your behalf if you are not able to make some or all of the decisions to do with your life. You should therefore be sure that the people you choose to be your attorneys know you well and, most importantly, that you trust them to do what is best for you. remove this text and replace with the following:

On 1st October 2007, the law changed, bringing the Mental Capacity Act 2005 into force. An
existing Enduring Power of Attorney (‘EPA’) made before that date will remain valid, you can either continue to use it or cancel and set up a property and financial affairs LPA but any new Powers made since then must be a Lasting Power of Attorney (‘LPA’).

An LPA is a legal document that gives someone chosen by you (usually a friend, relative or professional person) the right to make decisions on your behalf. There are two kinds of LPAs, one relating to your property and financial affairs, and one to decisions about your health and welfare. You can choose to make one or both types.

You may appoint more than one person as your attorney, in which case you will have to decide how the attorneys will work together. You may appoint different people to look after your property and financial affairs and your health and welfare.

Under a Health and Welfare LPA you have the option to give your attorney(s) the power to give or refuse life sustaining treatment on your behalf. In both kinds of LPAs you may place restrictions on what your attorney(s) may do on your behalf and provide guidance on how you would wish them to act.

You do not have to wait for your ability to make decisions about yourself to decline before choosing your attorney(s), to make the decision for yourself. Indeed, it is a good idea to plan ahead as early as possible. You retain the right to stop the LPA at any time (so long as you are able to make a decision yourself)

Your attorneys are able to renounce their appointment, and you can name ‘replacement attorneys’ in the original document to act in place of an attorney who is no longer able to act.

An LPA must be registered with the Office of the Public Guardian (This can take up to 20 weeks) before it can be used by your attorneys. The registration process is intended to protect against possible abuse of the powers.

Remember, a Lasting Power of Attorney is a legal document that gives someone else the right to act on your behalf if you are not able to make some or all of the decisions to do with your life. You should therefore be sure that the people you choose to be your attorneys know you well and, most importantly, that you trust them to do what is best for you. remove this text and replace with the following:

On 1st October 2007, the law changed, bringing the Mental Capacity Act 2005 into force. An
existing Enduring Power of Attorney (‘EPA’) made before that date will remain valid, you can either continue to use it or cancel and set up a property and financial affairs LPA but any new Powers made since then must be a Lasting Power of Attorney (‘LPA’).

An LPA is a legal document that gives someone chosen by you (usually a friend, relative or professional person) the right to make decisions on your behalf. There are two kinds of LPAs, one relating to your property and financial affairs, and one to decisions about your health and welfare. You can choose to make one or both types.

You may appoint more than one person as your attorney, in which case you will have to decide how the attorneys will work together. You may appoint different people to look after your property and financial affairs and your health and welfare.

Under a Health and Welfare LPA you have the option to give your attorney(s) the power to give or refuse life sustaining treatment on your behalf. In both kinds of LPAs you may place restrictions on what your attorney(s) may do on your behalf and provide guidance on how you would wish them to act.

You do not have to wait for your ability to make decisions about yourself to decline before choosing your attorney(s), to make the decision for yourself. Indeed, it is a good idea to plan ahead as early as possible. You retain the right to stop the LPA at any time (so long as you are able to make a decision yourself)

Your attorneys are able to renounce their appointment, and you can name ‘replacement attorneys’ in the original document to act in place of an attorney who is no longer able to act.

An LPA must be registered with the Office of the Public Guardian (This can take up to 20 weeks) before it can be used by your attorneys. The registration process is intended to protect against possible abuse of the powers.

Remember, a Lasting Power of Attorney is a legal document that gives someone else the right to act on your behalf if you are not able to make some or all of the decisions to do with your life. You should therefore be sure that the people you choose to be your attorneys know you well and, most importantly, that you trust them to do what is best for you. remove this text and replace with the following:

On 1st October 2007, the law changed, bringing the Mental Capacity Act 2005 into force. An
existing Enduring Power of Attorney (‘EPA’) made before that date will remain valid, you can either continue to use it or cancel and set up a property and financial affairs LPA but any new Powers made since then must be a Lasting Power of Attorney (‘LPA’).

An LPA is a legal document that gives someone chosen by you (usually a friend, relative or professional person) the right to make decisions on your behalf. There are two kinds of LPAs, one relating to your property and financial affairs, and one to decisions about your health and welfare. You can choose to make one or both types.

You may appoint more than one person as your attorney, in which case you will have to decide how the attorneys will work together. You may appoint different people to look after your property and financial affairs and your health and welfare.

Under a Health and Welfare LPA you have the option to give your attorney(s) the power to give or refuse life sustaining treatment on your behalf. In both kinds of LPAs you may place restrictions on what your attorney(s) may do on your behalf and provide guidance on how you would wish them to act.

You do not have to wait for your ability to make decisions about yourself to decline before choosing your attorney(s), to make the decision for yourself. Indeed, it is a good idea to plan ahead as early as possible. You retain the right to stop the LPA at any time (so long as you are able to make a decision yourself)

 

Your attorneys are able to renounce their appointment, and you can name ‘replacement attorneys’ in the original document to act in place of an attorney who is no longer able to act.

An LPA must be registered with the Office of the Public Guardian (This can take up to 20 weeks) before it can be used by your attorneys. The registration process is intended to protect against possible abuse of the powers.

Remember, a Lasting Power of Attorney is a legal document that gives someone else the right to act on your behalf if you are not able to make some or all of the decisions to do with your life. You should therefore be sure that the people you choose to be your attorneys know you well and, most importantly, that you trust them to do what is best for you. remove this text and replace with the following:

On 1st October 2007, the law changed, bringing the Mental Capacity Act 2005 into force. An
existing Enduring Power of Attorney (‘EPA’) made before that date will remain valid, you can either continue to use it or cancel and set up a property and financial affairs LPA but any new Powers made since then must be a Lasting Power of Attorney (‘LPA’).

An LPA is a legal document that gives someone chosen by you (usually a friend, relative or professional person) the right to make decisions on your behalf. There are two kinds of LPAs, one relating to your property and financial affairs, and one to decisions about your health and welfare. You can choose to make one or both types.

You may appoint more than one person as your attorney, in which case you will have to decide how the attorneys will work together. You may appoint different people to look after your property and financial affairs and your health and welfare.

Under a Health and Welfare LPA you have the option to give your attorney(s) the power to give or refuse life sustaining treatment on your behalf. In both kinds of LPAs you may place restrictions on what your attorney(s) may do on your behalf and provide guidance on how you would wish them to act.

You do not have to wait for your ability to make decisions about yourself to decline before choosing your attorney(s), to make the decision for yourself. Indeed, it is a good idea to plan ahead as early as possible. You retain the right to stop the LPA at any time (so long as you are able to make a decision yourself)

Your attorneys are able to renounce their appointment, and you can name ‘replacement attorneys’ in the original document to act in place of an attorney who is no longer able to act.

An LPA must be registered with the Office of the Public Guardian (This can take up to 20 weeks) before it can be used by your attorneys. The registration process is intended to protect against possible abuse of the powers.

Remember, a Lasting Power of Attorney is a legal document that gives someone else the right to act on your behalf if you are not able to make some or all of the decisions to do with your life. You should therefore be sure that the people you choose to be your attorneys know you well and, most importantly, that you trust them to do what is best for you. remove this text and replace with the following:

On 1st October 2007, the law changed, bringing the Mental Capacity Act 2005 into force. An
existing Enduring Power of Attorney (‘EPA’) made before that date will remain valid, you can either continue to use it or cancel and set up a property and financial affairs LPA but any new Powers made since then must be a Lasting Power of Attorney (‘LPA’).

An LPA is a legal document that gives someone chosen by you (usually a friend, relative or professional person) the right to make decisions on your behalf. There are two kinds of LPAs, one relating to your property and financial affairs, and one to decisions about your health and welfare. You can choose to make one or both types.

You may appoint more than one person as your attorney, in which case you will have to decide how the attorneys will work together. You may appoint different people to look after your property and financial affairs and your health and welfare.

Under a Health and Welfare LPA you have the option to give your attorney(s) the power to give or refuse life sustaining treatment on your behalf. In both kinds of LPAs you may place restrictions on what your attorney(s) may do on your behalf and provide guidance on how you would wish them to act.

You do not have to wait for your ability to make decisions about yourself to decline before choosing your attorney(s), to make the decision for yourself. Indeed, it is a good idea to plan ahead as early as possible. You retain the right to stop the LPA at any time (so long as you are able to make a decision yourself)

Your attorneys are able to renounce their appointment, and you can name ‘replacement attorneys’ in the original document to act in place of an attorney who is no longer able to act.

An LPA must be registered with the Office of the Public Guardian (This can take up to 20 weeks) before it can be used by your attorneys. The registration process is intended to protect against possible abuse of the powers.

Remember, a Lasting Power of Attorney is a legal document that gives someone else the right to act on your behalf if you are not able to make some or all of the decisions to do with your life. You should therefore be sure that the people you choose to be your attorneys know you well and, most importantly, that you trust them to do what is best for you.

Court of Protection

If you lose your mental capacity and have not signed an EPA or an LPA, then someone may need to apply to the Court of Protection to be appointed as your ‘Deputy’ (formerly known as a ‘Receiver’). In this case, the Court decides who will manage your affairs, so the person appointed may not necessarily be someone you know or the person you would want to deal with your financial arrangements.

If you already have an EPA or LPAs in place, it is a good idea to review them periodically to ensure you are still happy with the arrangements that you have previously made.

Funeral Plans

Bereavement is one of the most distressing experiences we face as human beings, and often comes hand in hand with unexpected financial pressure. A pre-paid funeral lets you plan all your funeral arrangements in advance and ensure that the funds are in place to pay for them. This can save your loved ones unnecessary stress and worry in the future.

There are a number of pre-paid funeral plans available. To make sure you choose the right plan, think about what it includes, which services are guaranteed (and which aren’t), whether you can add your personal wishes, or even pay for extra details that you might want to include.

Wills, financial advice and tax planning

You should also consider taking advice to review your financial position and to ensure that your legal affairs are in order. The two frequently go hand in hand. You may wish to get advice about making the most of your funds to finance care home fees, and to look at any tax planning options that may be open to you. You should also consider reviewing your Will, or making one, if you have not already done so, to ensure that your estate would pass to those you would like to benefit after your lifetime.

Financial Support

As an older person or a carer of someone who is older, you may be entitled to a number of benefits as well as financial assistance that may make your life a bit easier. You might like to order a free copy of our brochure entitled, 'Your Health Counts', which gives more detailed information about your financial entitlements. However, we have given a broad overview below.

Organisations such as Age UK can give you more information about benefit entitlements. The Gov website at www.gov.uk is also an invaluable source of information. Similarly, your local Citizens' Advice Bureau should be able to talk you through the financial support available.

At the time of writing (December 2023) we are not able to predict changes to the availability of services, benefits or entitlements in the next 12 month. We strongly recommend that you double check any information given to find out what is the current situation.

Pensions

Pensions are payments you get from The government once you reach State Pension age.

Everyone who was eligible for the basic State Pension has now reached state pension age.

You would of already claimed for your basic State Pension unless you delayed (deferred) your State Pension

If you reach state pension age on or after the 6th of April 2016 the government have introduced a new State Pension system.

The full new State Pension is currently £221.20 per week. However, this income is based on National Insurance contributions and how much you have paid in.

You may get more than this amount, if you have over a certain amount of Additional State Pension or you deferred (delayed) taking your State Pension. The age you can claim state pension is currently 66 for both men and women. For those born after 5 April 1960, there will be a phased increase in State Pension age to 67, and eventually 68.

If you have reached state pension age and you are on a low income, you may qualify for Pension Credit, even if you have money saved for your retirement.

State Pension isn’t received automatically therefore you will need to make a claim. You should receive a letter no later than 2 months before you reach state pension age telling you what to do. If you do not receive a letter then you can still make a claim by contacting the pension service claim line on 0800 731 7898. You can claim your state pension even if you continue to work past the state pension age, or you can choose to defer taking your state pension.

For more information on Pensions, you can visit the following websites: 
www.gov.uk
www.citizensadvice.org.uk
www.ageuk.org.uk

Benefits

If you have a disability, you may be able to claim Personal Independence Payment (if you are over 16 years and under 65) or Attendance Allowance (if you are 65 or over). You may also be entitled to means-tested benefits such as Pension Credit, Housing Benefit and Council Tax Benefit; and also, a Social Fund Community Care Grant (if you are receiving Pension Credit).

Disabled Facilities Equipment

A wide range of equipment, aids and adaptations are available to help you remain in your own home - these might include, for example, a bath seat, special chairs, raised toilet seats or adapted doorways to accommodate a wheelchair. Some equipment may be provided free of charge through your local council or the NHS and the British Red Cross offers a loan service for disability equipment.

Contact your local social services for a home assessment. They will arrange for an Occupational Therapist to visit your home to go through any home adaptations that may be required.

Whatever your income you should not pay for any community care equipment or adaptations up to the cost of £1000. (This may be subject to change). This usually include a grab rail, ramp or steps.

For expensive adaptations, you can try and get a Disabled Facilities Grant from your local council.

Free products and services

As an older person, you may be able to receive winter fuel payments, free bus passes, eye tests and gas safety inspections, for example.

There is also some help and support you can get for free that's available to everyone. It's not means-tested and it does not matter what your income is.

This free care includes some equipment and home adaptations, benefits, help after coming home from hospital, NHS continuing healthcare and nursing in a care home (NHS-funded nursing care).

Disabled Facilities Grant

You may be entitled to a Disabled Facilities Grant from your local council towards the cost of housing repairs or to adapt your home to meet your care and/or mobility requirements.

This grant wont effect any benefits you may get. Contact your local council for more information.

Intermediate Care

Intermediate care is a type of short-term rehabilitation and recovery service. This should be provided free of charge to help you get back into living at home after a period of time spent in hospital or to help you avoid going into hospital altogether.

Mobility Scheme

Over the past 45 years, Motability has helped over 5.5 million people get mobile by exchanging their government-funded mobility allowance for a brand new car, scooter or powered wheelchair. To be eligible for the Motability Scheme, you must be receiving the Higher Rate Mobility Part of the Disability Living Allowance (DLA) or the Higher Rate of Mobility Part of Personal independence Payment. have at least 12 months’ award left when you apply. This is subject to change, please check www.gov.uk.

Motability produces a number of helpful factsheets which can be downloaded from the website (www.motability.co.uk). “Your guide to getting a Motability Car” provides a good overview of the scheme.