care planning

Do family members acting as Carers deserve a bigger inheritance?

In a society where there is an increasingly ageing population and people are struggling to pay their care fees, it comes as no surprise that family members are acting as live-in carers to their elders.

Many of these carers not only invest their time and money into making their loved one comfortable, some would argue they also invest their lives, often putting careers on hold and making sacrifices towards their own family.

But what happens when the loved one dies and it comes to the division of their assets?

Do the carers deserve a larger portion of the estate due to their lifetime of sacrifice?

Such a case was in the news last week.

Reported January 24th 2018, a 62 year old man (Timothy) had spent his life living with his parents acting as a live-in carer, whilst his two brothers left home and forged careers as Doctors in London.

When their mother passed away in 2015, she left a Will stating her estate (estimated at £1.8million) was to be divided equally between her three sons.

As Timothy acted as “primary carer for many years”, he has challenged her Will believing he is entitled to a larger portion of her estate due to his brothers taking “none of the burden”.

His brothers on the other hand believe Timothy, who is still living in her property, should leave the home so it can be sold and distributed in line with their mother’s wishes.

In court, Timothy explained that for the last eight years he was caring for his mother (a dementia sufferer), unpaid.

Although there were two other paid carers living in the property with him, he believes he had taken on equal responsibility.

Speaking to his brother, he stated:

“You are employed as a consultant and have multiple properties. You are a wealthy man. You offered no financial support and didn’t visit often enough for it to manifest any form of care. I’ve looked after her almost single handedly.

“I don’t own a house, have a pension or a steady income.

“I don’t think I should be made homeless or put into penury if it can be avoided.”

Responding, his brother highlighted that his children are entitled to their share of the estate.


Mr Justice Carr highlighted that as he acted as a carer, there was an obvious conflict of interest between Timothy being both a beneficiary and an Executor.

Ordering Timothy’s brothers to pay their own costs of £25,000, he also ordered Timothy be removed as an Executor and replaced by a solicitor.

When delivering his verdict, he stated:

“The claim to remove Timothy as an Executor is well founded and I intend to accede to it.”

He also warned the brothers they may too have to be removed if further conflicts of interest became apparent.

Although it doesn’t appear Timothy was granted a greater share of the inheritance, it does bring about an important debate that families may need to discuss before their loved one dies.

To find out more information about care planning, LPAs or Will writing, contact LCS NOW on 0345 017 8250.




Overview of LPAs

A Lasting Power of Attorney (LPA) is a document which allows someone to make decisions on your behalf should you become physically or mentally incapacitated in the future and unable act for yourself. The person / people you appoint to act for you are called Attorneys.

Nobody knows what the future holds, anything can happen and, with one in three people in the UK now developing dementia, it is important that your LPA’s are in place whilst you still have the mental capacity to make them.

One common misconception people have, is that they will have to surrender their right to make their own decisions immediately which is not true, you stay in control until you need help.

LCS offer three different types of LPA:

The Property & Financial Affairs LPA

This allows your Attorney to manage your finances, pay your bills, deal with your pensions, investments and savings, completing tax returns and sell your home.

All LPA’s must be registered with the Office of the Public Guardian before they can be used.

With this LPA, you can choose when your Attorney steps in. For example, if you have mental capacity but cannot physically manage your day to day finances, your Attorney can help you with this. You can opt for restricting your Attorneys so that they can only act once you have lost mental capacity. The problem with this option is that should you have an accident or prolonged illness your Attorneys will not be authorised to help you.

The Health and Welfare LPA

This allows welfare and healthcare decisions to be made on your behalf, for example, where you live, what you wear, health provisions, dentistry, as well as consenting to you undergoing surgery, being kept alive on life support systems and resuscitation. This LPA can only be used once you have lost mental capacity.

The Business Affairs LPA

This LPA allows someone to manage your business interests should you become unable to manage or lose mental capacity in the future.

It is important to appoint your LPAs whilst you still have capacity, as once you lose capacity, your assets become frozen.

If your capacity is already compromised, you will be unable to appoint someone in the “normal way”. Instead, someone will have to make an application to the Court of Protection to become your Deputy in order to make decisions for you.

This is a very long, costly and sometimes stressful process.

Avoid leaving things to chance, give yourself peace of mind this Christmas, contact LCS NOW on 0345 017 8250 and take advantage of our buy one get one half price on all LPA’s

So what’s really gone wrong with Care?

As the news breaks today that 200,000 more care homes are needed by 2025 in order to care for the ageing population, we look at what really has gone wrong, and how it affects those we love.

As reported in the BBC News, this isn’t just related to care for older people, but disabled people, and children too, and some are unfortunately suffering more than others.

1. Spending has plateaued

The trend has been that year on year more money has been spent on services. This is due to a growing population, an ageing population, and those with disabilities living longer. Over the past ten years, this has levelled off and Central Government funding for councils was slashed by one third by the previous parliament.

2. Care is being prioritised

In 2015-16, 55% of council budgets was being spent on social care. With this, comes cutbacks to other local services such as leisure centres and refuse collection.

3. The NHS is filling the gap

One third of last years £24 billion budget was spent on children leaving £16 billion for adults. This was supported by a £2 billion grant from the NHS.

Last year saw the biggest grant yet from the NHS, as local authority spending was £900 million less than in 2009-10.

Simply, what happens in social care, directly impacts the NHS.

4. Councils are looking after less people

To save money, care is being rationed to older people rather than those with disabilities.

Between 2008 and 2014, care from the councils for over 65s fell by 25%.

5. Patients are being forgotten

If care isn’t provided in the community, people go to hospital.

Doctors only release those they know will receive care in the community. And if it’s still not available when they’re ready to leave, they’re left on wards.

This means new patients cannot be admitted, directly affecting A&E waiting times and increasing trolley waits.

This has almost doubled over the past five years.

6. People are making their own arrangements

As reported by Age UK, 12.5% of people in care homes now pay for themselves and 30% receive no help whatsoever.

These people still have substantial needs and are unable to dress themselves, and struggle to go to the toilet.

7. Councils are being subsidised

Companies providing the services have reported that councils are being squeezed so much, in some areas they’re working at a loss.

The U.K. Care Association calculated that the cost of helping people at home is £16.60ph, but across the UK, councils are paying on average £2 less than this. Also, the fees being paid by councils are £100 less than the true cost.

This means, those who are self funding, are paying more to make up the difference from the losses ; They’re subsidising the state.

Considering 1 in 10 people has care costs of over £100,000, we are left asking if this is fair?

8. The market is at risk

The Care Quality Commission have highlighted that this is destabilising the sector, as care companies begin to focus on areas where there are more self funders.

This could create a shortage of places in those areas, such as the South East where 54% are self funding.

Over the past six years, the number of homes operating in England has fallen by over 1500.

9. Ageing population

Currently, roughly 18% of the U.K. population is over 65. This is predicted to rise to almost 25% by 2044.

By 65, one in six people have trouble with day to day tasks. By 85, this rises to half.

10. Council tax bills are increasing

Councils have been given permission to raise council tax bills in order to pay for social care.

But it would appear this is limiting, as it is still raising less than 3% of what they plan to spend.

By 2020, the Local Government Association predicts there will still be a shortfall of over £2.5 billion.

Many have tried and failed to solve this, and our current coalition government have suggested a cap on care costs; already pushed back by 4 years.

Will we ever see a solution, or will this continue until the system crumbles and we have nothing left?

Can TripAdvisor Help Us Choose A Care Home?

In an ever-changing technological world, are review websites the way forward when choosing a care home? As reported in the Telegraph, this may be closer than we think.
In the UK, if we are self- funded we might be able to decide which care home is right for us or our loved ones. But how well informed are we? Sometimes, people don’t have the benefit of time and decisions may be made quickly during stressful, emotional events. This means that we aren’t always prepared, nor do we have the necessary information readily available to make “the right call”.
All care homes are subject to Care Quality Commission (CQC) inspections. Although they look at how a care home is run and assess whether they’re running within guidelines, the inspections are informal and don’t consider how the residents feel. Care isn’t just about technicalities, it demands relationships, time, respect and trust. So, where can people find honesty? is already being used to gather honest, personal reviews about care homes and, although in its infancy, it still has a long way to go for this to become the norm with many of the care homes not holding any reviews. All reviews are vetted and people are encouraged to send complaints direct to the home, not to place them as a review.
So, does this really provide a realistic overview of the home? Another negative to this, is that many of the actual service users won’t be placing the review themselves. This will be down to friends and family, which although they can be honest, they will rarely be subjective as many family members will be emotionally involved in the process. Also, will they know how their loved one truly feels?
If this system of reviews, providing honest, subjective accounts is to succeed, then people will need to govern a safe, effective, non-intrusive way of gathering the information. This is the only way to ensure that everyone is provided with the information they need to make an informed decision.
In a world where TripAdvisor rules a lot of our decisions on where to stay and where to eat, isn’t it time to include care home information as well, so that useful and honest feedback is there to help make this very hard decision a lot easier.

Part One: The good news is, we’re all living longer!

How do you feel when you think of old age? Do you see your parents and worry how they will cope as they get older?

With more people enjoying a healthier lifestyle and living into their 80s, not only has life expectancy increased, but the worry of how to pay for care.

Arranging care for members of your closest family can often feel overwhelming. It often succeeds a major traumatic life event and knowing where to begin, can be difficult. People are individuals and their needs are different, so there is no set way to organising care. It is important that the services you choose are flexible and able to adapt to their changing needs. The wisest starting point is assessing their needs at that time and reviewing them regularly. We’ve used the Telegraph Money’s “Guide to Long and Short Term Care” to help you decide. LCS employs an experienced Nurse specialist who can discuss care planning needs with you.

What types of care are available?

Residential Care

These Care Homes offer accommodation, food and personal care. This is suitable for those finding it hard coping at home, and who need more around the clock attention than a carer or family member could provide. Not all these Care Homes will provide specialist help for those suffering from Dementia or other health problems.

Nursing Care

This can be given at someone’s home, or in a Nursing Home. A Nursing Home is similar to a Residential Care Home in what it provides, however qualified Nurses will also be on duty 24 hours per day.

Respite or Short-Stay Care

This is normally taken to give carers a break. The stays are usually four week periods, but may sometimes be less. It is also offered to people recovering from illness or an operation before they return to their own home.

Dementia Care

Dementia, or Dementia related conditions, are the most common reason people require Nursing care. A Nursing Home will usually offer specialist Dementia care.

Specialist Care and Learning Disabilities

Some Care Homes offer specialist care for conditions such as Parkinson’s or Huntington’s and there are also specialist units for people with learning difficulties and who may require more supervision than care.

Palliative Care

These settings are better known as Hospices and specialise in end of life care of those with chronic conditions. Palliative care focuses on controlling pain and symptoms, and looks to improve your quality of life. This often involves a plan being agreed between the individual, their family and the carers.

Taking the First Step

The decision to arrange care for a loved one is never easy. Many people worry about them leaving the family home and the effect this may have on them overall. It’s important to remember that there is a good reason why you are researching additional care. You may be worrying about their safety, whether their home is secure, or whether they are eating and sleeping properly.

With the correct help and care, not only will your loved one’s quality of life increase, but the stress on the family will reduce, allowing you to spend quality time with your relative.

If you’re seriously concerned about your loved one’s mental or physical wellbeing, you can chat to their GP. Bear in mind that although the GP may not be able to discuss your relative specifically due to confidentiality, they will explain the options available and give you detials of your local authority’s adult social services department.

If you’re able, or know you will be, paying most of the fees yourself, you can go directly to Care Homes which is a quicker way to arrange the care. This allows you more freedom to choose. If you’re unsure whether you’re eligible for help with care fees, the local authority can carry out a financial assessment and advise on any help available.

Choosing a Care Home

When choosing a Care Home, it is important to do your research and not be afraid to ask questions about what care and specialist services they provide. Most Care Homes are happy for you to arrange a visit and include a walk around with the opportunity for you to ask any questions you and your family may have.

Think about:

  • Location
  • First impressions
  • Accommodation
  • Grounds, garden and communal spaces
  • Staff
  • Medical care
  • Activities

Call LCS now on 0345 017 8250 to discuss your care planning needs with an experienced Gerontological Nurse Practitioner.

Fruit and Veg

Eat 10 Fruit and Veg a Day: The Secret To A Longer Life.

“An apple a day keeps the Doctor away.” How many times do you remember your parents telling you this?

It has come to light today, that the “five a day” we’ve grown up believing to be healthy, isn’t enough.

Based on findings from 95 studies, researchers are proposing that we need 800g (ten portions) of fruit and vegetables per day to dramatically decrease the risk of disease. Increasing our daily intake to this amoung may reduce your chance of having a stroke by a third and reduce the risk of heart disease by roughly 25%. It has also been suggested that it can delay the onset of heart disease and cancer which, overall, would equate to saving 8 million premature deaths worldwide.

The results found that although eating five portions per day reduced risk, the greatest benefit came from eating ten portions in comparison to those who ate none.

The team also found that to protect against heart disease and stroke, eating foods such as apples, pears, citrus fruit, salad, green leafy vegetables and cruciferous vegetables such as cabbage, broccoli, Kale, cauliflower and Brussel sprouts showed the greatest benefits.

To reduce your risk of cancer, you’re advised to eat a variety of different types and colours of vegetables.

Whilst nutritionists are warning that informing people to eat more portions could potentially add pressure and create “unrealistic expectations”, the study did suggest that even small intakes reduced the associated risks somewhat.

“Exercise Is Good For You” .. Or Is It?

Can you remember your parents encouraging you to participate in sport? How many of you chose the school football or rugby team? Startling information has arisen that may make you think twice about encouraging your children to do the same.

Reports out this week show new evidence that repeatedly heading a ball may be linked to long-term brain damage. Although small, the study of six players (5 professional, one serious amateur) found that they all developed Dementia in their 60s, some linked to Chronic Traumatic Encephalopathy (CTE).

CTE is a degenerative brain disease, commonly found in athletes who have a history of repetitive brain trauma. It is well known that CTE is found in ex-boxers and upon post mortem, it was found that four of the footballer’s brains had similar changes.

The evidence is slightly tarred however, as the brains did also show signs of Alzheimer’s disease and blood vessel changes.

This comes as a slight blow to the future of British team sport as it studys findings from 2013 that there may be a link between repetitive head injuries and long-term problems in rugby.

There have been two key findings surrounding rugby:

  1. In younger players, repetitive concussions impact negatively on the way the brain functions. This is directly related to the regulation of blood flow in the brain.
  2. Looking at retired International players, it is believed that repetitive concussions impair the way the players remember and formulate ideas.

It has been concluded, that repetitive concussions accelerate brain ageing and increase the risks of Dementia.

Although these findings are scary, and potentially an inevitability for some sportsmen and women already competing, all hope is not lost. It could be argued that a football is now significantly lighter and made from synthetic materials, so the risk is reduced somewhat.

Governing bodies have come a long way in regulating the rules and practices surrounding contact sports and, with more research and improvements in technology, safety and player’s welfare is paramount.

It is never too soon to organise your Lasting Power of Attorney (LPA). LCS offers three types of LPA so contact us now on 0345 017 8250 to appoint yours.

Don’t leave anything to chance.


Give the gift of LCS this Valentines

Give The Gift Of LCS This Valentines!

2016 will be remembered for many things, but one that seems prolific is the number of high profile deaths it encountered.

Although each shocked the world in equal magnitude, one that haunts is the death of music legend Prince. It turns out, Prince died intestate; he never wrote a Will.

So why does this matter?

Already, family disputes and potential taxation issues are looking to eat into most of Prince’s estate. Had he written a Will, it would be clear as to whom he wanted to benefit from his estate. Forward Inheritance Tax planning could have alleviated some of the tax liability and he could have helped some of the humanitarian causes that he had supported during his lifetime.

Sadly, Prince is not in the minority. Far too many people leave it too late, either through simply not bothering, or considering that their estate would automatically go to their spouse or partner. This is not always the case.

Although the laws were amended, unmarried couples are still not legally recognised, and as a result, if you do not have a Will, there is a high risk they won’t inherit anything. For them to automatically inherit, they must be named in your Will, otherwise they have just six months from the date of death to file a claim to the Courts, and this is then left to the Courts to decide upon.

In Prince’s case, the family disputes will require lawyers. This in turn will eat up a huge amount of money, and the taxman will need to take what is due in tax.

If you own anything or have children, you must make a Will. Failure to do so could leave your loved ones unprovided for, and children without Guardians.

We live in an ever-changing society, so make it your Valentines gift to your loved one and make a Will, or review your old Will to ensure it is still up to date and it truly reflects your wishes.

Give the gift of LCS this Valentines and call us now on 0345 017 8250 to make a Will appointment.

Robots may help solve social care crisis

Robots May Help Solve Social Care Crisis.

A fleet of personal robots may be the solution to alleviating pressure on care homes and hospitals.

According to BBC News, academics have reported that robots able to understand aspects of culture and with good bedside manner may help solve the care issue in Britain.

A team is working on robots that will offer support to those in care by helping with tasks such as administering medication, feeding and offering company.

Researchers will assist in building the robots, known as “Pepper Robots”, that can be programmed to complement the person they are assigned to.

Professor Irena Papadopoulos has stated that they “aren’t looking to replace human support, but enhance and complement existing care.”

These culturally sensitive robots are already being used across homes in Japan and the manufacturer, Softbank Robotics, are hoping that the funding provided by the EU and Japanese Government will enable a three-year turnaround.

It is hoped that the robots will help their users to use smart appliances, improving their communication with family and friends. They will also be programmed to communicate as a human would, through speech and gestures, and be designed to recognise symptoms that their elderly user is unwell.

Advinia Healthcare’s executive chairman, Dr Sanjeev Kanoria believes that “robots can support care workers by helping reduce errors in medication and assist them with advanced technology thus helping residents live safer, more independent lives in care and at home.”

Contact LCS on 0345 017 8250 to begin your Care Planning today.

Care Homes

NHS Bosses Try To Force Patients Into Care Homes.

As reported in The Times on Wednesday 25th January 2017, new restrictions on NHS funding means that thousands of seriously ill patients could be forced out of their homes.

The new policy has stated that in some areas of the UK, the Health Service will no longer pay for carers to visit patients at home if it is cheaper for them to be in a residential care home.

The criteria for inclusion is complex, however, patients who mainly require care on health grounds in contrast to age or disability, may still have their fees paid for them by the NHS.

It has been stated that nineteen Clinical Commissioning Groups (CCGs) have said that they won’t fund care in a person’s home if it is 10% more expensive than an alternative suitable option. Seven have set higher caps with a further eleven saying that they will be restricting individual costs.

The Health Service Journal has revealed that this could affect over 13,000 people with restrictions likely to be more widespread as many CCGs have not responded.

It has been estimated that these restrictions will affect anyone receiving more than seven hours of residential care per day as this costs roughly £750 per week.

Concern has been raised over the legalities of these policies, however, it has been concluded that they may be justified on the grounds of cost. Many find this alarming as they believe decisions should be made individually based on need and not purely on cost. It is also over-ruling the guidance set by NHS England that people with terminal illnesses should be supported in their preferred place of care. Effectively, people will be denied their choice of where they die.

Call LCS now on 0345 017 8250 to discuss your Will and Care Planning for your future.