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Dementia Awareness Week 6th July -12th July

According to the Alzheimer’s Society there are 700,000 people with dementia in the UK. This will rise to over 1 million people by 2025 and 1.7 million by 2051. More than 60% of all care home residents aged over 65 have a form of dementia.

Dementia describes different brain disorders that trigger a loss of brain function. These conditions are all usually progressive and eventually severe. Whilst most of us would prefer to think that we will continue to lead perfectly independent lives forever, you may find yourself in the position of no longer being able to care for yourself alone, and may be looking at the options provided by a care home.

The cost of care fees is enormous and often means that you face the prospect of either your home being sold or your life savings becoming rapidly depleted. But there are steps that can be taken to minimise this, including obtaining free care from the NHS.

If your primary need for care is “Healthcare” then under the National Framework Eligibility Criteria you could be entitled to receive free care from the Primary Care Trusts of the NHS (PCT) regardless of your financial means. This is called “NHS continuing care”.

Your eligibility is assessed against a National Decision Support Tool to ensure uniformity of approach. It looks at all aspects of both your mental and physical health care needs. The Eligibility Criteria looks at 11 categories of need, many of which are applicable to those suffering from dementia or other mental health disorders. It is not just people who are physically frail and unwell who qualify. It is possible to be quite physically fit but have a high level of mental health care need such that you do then meet the Criteria. It is also possible to receive Continuing Care in your home if you are eligible.

If you are already in a care home and paying for your own care, either in full or in part, then it is still possible to request an assessment, and you may even be able to claim reimbursement for fees already paid retrospectively.

The Department of Health recently launched a Consultation Paper as part of its one year programme to develop a National Dementia Strategy. The Government has identified dementia as a national priority and the Consultation Paper invites everyone to give their views on the ideas set out in the document as well as contribute new ideas. The aim of the National Dementia Strategy is to improve awareness, ensure early diagnosis/treatment and ultimately lead to a better of quality of care for those suffering.

Foot Anstey has a dedicated team of solicitors in the Elderly Care Team who specialise in providing robust comprehensive and sympathetic legal advice to older people, their families and carers. We have experience in advising and assisting clients on all legal issues concerning elderly care ranging from assessing an individual’s entitlement to care, submitting requests for assessment and challenging the PCT’s refusal to fund care for an individual.

If you would like to know more about any of the issues raised contact Emma Arnold, a member of the Elderly Care Team, on 01752 675078 for a free initial telephone discussion.

Published 06/07/2008. The author of this article is Emma Arnold

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