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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My father is 95 and has Alzheimers, at the moment he is self

Customer Question

My father is 95 and has Alzheimers, at the moment he is self funding. Can you please advise what funding he is now entitled to as he has been diagnosed by his doctor. Can he claim now from social services for full funding of his care home fees?
Submitted: 1 year ago.
Category: Family Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if you have requested a care assessment for funded care for your father to date please?
Customer: replied 1 year ago.

Some 18 months ago, my father who at that time was showing early signs of dementia was assessed by South Gloucestshire Social Services, however because he had savings at the time in excess of £23,500 and he owned his own home, they decided not to allow any funding.

However now that his savings have gone below £14,000, mainly as a result of his care home fees (£2,450 per month) eating away at his savings, I was wondering if I should get South Gloucs to re-assess him. Just for the record I hold a "Power of Attorney" for my father and I am also his guardian in respect to deprevation of liberties.

I have been led to believe that any person who has been diagnosed with full alzheimers, that they are entitled to full funding of all care home fees, regardless of his financial status! Can you please review.

Thanks John

Expert:  Joshua replied 1 year ago.
Thank you. If your father has assets of less than £14,000 at this point, he will qualify for maximum support from the local authority and they have no further claim on his capital. They are still able to claim all of his income from pension and so on less an allowance of £21.90 for his allowed expenses.

if you consider your father's care needs are either exclusively medical or partly medical and requires nursing or medical care as opposed to general care provided by a care home then you may consider applying for fully funded nhs care or part funded nursing care.

You can ask for an assessment for continuing health care or if already assessed a reassessment. If he is denied an assessment you can ask the PCT to reconsider its decision and carry out a full assessment. If you include extra information as part of your request, the PCT should take this into account.The PCT should give you a written reply as soon as possible. If you’re still not satisfied, you will need to use the NHS complaints procedure:

http://www.nhs.uk/choiceintheNHS/Rightsandpledges/complaints/Pages/AboutNHScomplaints.aspx

If he has had a full assessment for NHS continuing health care, and you’re not happy with the decision or the way the decision was made, the first stage is to use the local dispute resolution procedure. The PCT will tell you how to do this.

 

If the issue isn’t resolved by local review, or if a local review would cause unreasonable delays, the next step is an independent review. This means that an independent panel will consider the case and decide whether the PCT has acted correctly.


You should be given an opportunity to contribute to the review, and to see all the evidence that is taken into account. You may find it useful to get support from his own medical practitioners that have particular expertise in the health problems of your father. At this stage, you should be offered the support of an advocate if you need one to help you through the process.


If you’re still not satisfied by the outcome of an independent review, you can ask for your case to be looked at by the Parliamentary and Health Service Ombudsman.


http://www.ombudsman.org.uk/

There are also law firms that can assist with a legal claim if you believe he is entitled to fully funded NHS care and the above routes are unsuccessful.

 


if your application is successful, it is possible for some or all of the monies paid to the local authority for his care to be refunded.

Can I help you with anything else or has the above answered your questions satisfactorily?
Expert:  Joshua replied 1 year ago.
I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.

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