These days we are living longer and arrangements that require to be made for the elderly are an increasing part of Andersons' business. We are frequently asked to advise on questions of the funding of Nursing Care for example, Powers of Attorney, Guardianship Orders and Trusts.
The benefits of Powers of Attorney, and avoiding the need to petition the Court for Guardianship Orders, are canvassed in our Powers of Attorney section.
Nursing Care is also a topic that frequently arises. The Scottish Government trumpets that we have "free" personal care in Scotland but we do not. The care packages offered by the Government, if they are offered at all, will only pay a fraction of the Care Home fees. Our experience is that in circumstances where the elderly person is not self funding there is often a difficulty in obtaining any package from the Government at all. Accordingly, unless the elderly person is lucky enough to have a fully funded care package financed by the Government (something of a rarity) the rest of the Care Home fees have to be financed by State Pension, Superannuation, Investment Income and possibly the sale of the elderly person's home.
We are often asked whether it is possible to transfer assets (often the family home) to the next generation and whether such a step will assist with eligibility for Care Home fees. The situation is complicated, particularly as different Councils seem to have different rules to be applied. This is an area of law that we are familiar with and will happily advise on.