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Lasting powers of attorney

What can I do if I am not able to manage my affairs? You may be worried about what happens to your assets during your lifetime if you are unable to deal with them because of ill health, or perhaps you quite simply do not want to. Lasting powers of...

What happens if you don't make a will?

The law does not require you to make a will but if you die without having made one, your estate, which includes all your property, money and other personal possessions, will be distributed in accordance with the law and your wishes will not be taken into...

What happens if you don't have a power of attorney?

If you no longer have the capacity to make decisions for yourself and you do not have a power of attorney, then someone will have to apply to the Court of Protection to become your deputy. There are two types of application that can be made to the Court of...

Moving into care and your property

Moving into care can sometimes mean selling your home. We can help you through every stage of the selling process. Once you have found a buyer, our team will provide advice and guidance to you, or your appointed representatives, regarding completion of the...

Navigating the care system

Navigating the care system As life expectancy increases, so does the impact on ourselves and our loved ones, friends and family. Navigating your way through the care system can be difficult at the best of times, but when you or your loved one needs care...

Planning for long term care - Tom's story

Tom is 81 and a widower. A few years ago Tom was diagnosed with dementia, and although initially he managed at home with carers to help, the time came where his care needs were too much. So with the help of his family, and advice from Birkett Long, Tom sold...

NHS continuing healthcare - top up payments

We have been asked by a Care Home, whether, if a patient is in receipt of NHS CC funding, the total cost of the care has to be provided by the NHS, even though, in reality, the payment received from the NHS doesn’t cover the cost of the care received....

Long-term care warning for Essex residents

A legal expert from Essex law firm Birkett Long is warning that people across the county are under threat if they fail to plan for their potential long-term care in old age. Solicitor and partner Caroline Dowding has spoken out after a recent ‘wake...

Read this before you give your money away!

For many people, giving away assets seems the obvious solution to prevent their savings being used to fund care in later life.  But what most people do not realise is that giving away your assets purely to avoid paying for care fees is prohibited and...

Solution to care-home fees worries

A legal expert at Essex law firm Birkett Long says if you are paying for a care home in the Colchester or Billericay area it could be you are doing so needlessly. Amanda Brown, a solicitor with the firm that has offices in Basildon, Colchester and...

The future cost of long term care

In the UK there are over 10.8 million people aged 65 or over and nearly 1 in 5 people will live to see their 100th birthday.  It is inevitable that more people are going to require care.  The average cost of a residential home with nursing care...

Care fee funding - the proposed changes

It is estimated that more than 80% of people currently living in a residential or nursing home should not be paying for their care, either in full or in part. The new Care and Support Bill is designed to protect and support relatives and their families...

Care fee funding - the proposed changes

Recently the Government published proposals on changes to social care funding.  This was, in part, a response to the Dilnot Commission report published in July 2012. It is impossible at this stage to assess the full impact of the changes as the...

Reclaiming care home fees

When an elderly relative needs care, difficult choices can result in an emotional time for everyone concerned.  The elderly person may be facing a loss of independence for the first time, while the rest of the family must select the right care home and...