Chapter 8- Long Term Care Flashcards

1
Q

What NHS funded nursing care is available?

A

Individuals assessed as needing care in a home are entitled to nursing care allowance which is non means tested and tax free

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2
Q

Who can claim Attendance Allowance?

A

If pay for own care and need help with personal care and or supervision for those over SPA or younger if they qualify for PIP

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3
Q

Which act sets out need for councils to provide means tested help with care costs?

A

Care Act 2014

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4
Q

What is the personal expense allowance?

A

£26.33

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5
Q

How is tariff income calculated for Long Term Care support?

A

Savings - lower limit
Sum of above/£250
= £X per week rounded up to the nearest £.

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6
Q

What is tariff income in relation to Long Term Care benefits?

A

Amount expected to contribute to own care

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7
Q

What income/savings is excluded from means testing for Long Term Care?

A

Personal possessions

Surrender values of Life Insurance Bonds

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8
Q

In what circumstances is the home excluded from means testing for Long Term Care?

A

If partner, lone parent or relative who is over 60 or under 18 or incapacitated lives there

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9
Q

How could couples avoid value of home being taken into account?

A

Change ownership to ‘tenancy in common’ and bequeath share to children to benefit surviving spouse

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10
Q

What is ‘deliberate deprivation’?

A

Transfer of assets to reduce capital which is illegal and would result in notional income being used anyway

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11
Q

What are the 4 different types of Long Term Care plans?

A
  1. Immediate Needs Plans (Annuities)
  2. Deferred Care Plan
  3. Pre-funded policies (Traditional protection and income-linked)
  4. Equity release
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12
Q

What are Immediate Needs Plans also called?

A

Impaired Life Annuity

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13
Q

How do Immediate Need Plans work?

A

Single premium policy when they need care in return for regular tax free payments to home for as long as they need care.

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14
Q

How long before payments start for Deferred Care Plans?

A

5 years (the client will self fund for the first 5 years).

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15
Q

Why are Deferred Care Plans cheaper than Immediate Needs Plans?

A

Because benefit deferred if willing to pay own costs for a few months or years

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16
Q

What are the 2 types of Equity Release Plans

A

Lifetime mortgage and Home Reversion Plan

17
Q

What is a Viatical Settlement?

A

Sale of an existing life assurance policy by terminally ill person to an intermediary

18
Q

What is Lasting Power of Attorney?

A

Allows donor to appoint someone they trust to act on their behalf.

19
Q

What are the 2 forms of LPA?

A

Health and Welfare LPA

Property and Financial Affairs LPA

20
Q

What Act replaced EPAs with LPAs?

A

Mental Capacity Act 2005

21
Q

How did the Mental Capacity Act affect EPAs?

A

Meant no changes can be made to an existing EPA and no new ones can be made. (Unless it hasn’t been registered yet - which can still happen).

22
Q

When can an attorney act for a donor with an LPA?

A

Health and Welfare - when the donor is unwilling or unable to handle own affairs.

Property and Financial Affairs LPA - as soon as it is registered.

23
Q

If a client does not have and EPA or LPA and loses mental capacity, how can a relative take over their affairs?

A

They would apply for a Deputyship Order from the Court of Protection.

24
Q

Can an EPA be revoked?

A

Not if it is registered.

BUT with a ‘Deed of Revocation’ if not registered.

25
Q

Who can make an LPA?

A

Anyone over 18 with the capacity to do so.

26
Q

Can an LPA be made jointly?

A

No, each person must make their own LPA

27
Q

What is the Certificate providers job in the creation of an LPA?

A

They must confirm that the donor understands the LPA and the donor is not under any pressure to make it. (Selected by the donor).