Practical Matters
Are you still a carer: social care
When the person you care for moves into a residential care home, you may still be entitled to a carers assessment from social care. This will be the case if you are still providing necessary care to supplement the care provided by the residential care home. Some carers find that the time they spend caring actually increases as they spend all day at the home, e.g. helping with personal tasks such as feeding or bathing. Travelling to and from the care home does not count as time spent caring.
If you are no longer offering necessary care, the professional in charge of looking after the person you care for must still take into account your views and feelings when decisions are made. It is a good idea to discuss with staff how you will be involved, and what you can expect from them, as early as possible.
Are you still a carer: employment
If you are employed and care for someone, you can ask for flexible working. This can help you balance working and your caring responsibilities. You have the right to request flexible working if you’ve been with your employer for at least 26 weeks, and haven’t made any other requests within the last 12 months.
For more information about carers rights at work, see the Carers UK’s factsheet ‘Your Rights at Work’ or visit the Advisory, Conciliation and Arbitration Service (ACAS) website
Making decisions about treatment
If the person you care for has the capacity to make decisions, and they continue to do so, the fact that they live in a residential home does not affect their right to make choices about their care and treatment. If the person you care for cannot make their own decisions, or may not be able to in the future, they may be able to nominate someone to make decisions for them (by giving them Power of Attorney), or the Court of Protection can make decisions on their behalf.
For more information or advice, contact the Office of the Public Guardian.
If the person you care for is at the end of their life and the expectation is that their condition will deteriorate and they may lose capacity to make decisions about their care, they should be offered Advance Care Planning. This is a process used by all professionals who work with people at the end of their life, to help them understand their illness, and make decisions about, and prepare for, the end of life.
Through Advance Care Planning, the person you care for can make an advance statement or decision about the treatment they wish or do not wish to receive. They can instead (or also) nominate someone to have Lasting Power of Attorney over their health and welfare decisions.
For more information about Advance Care Planning contact Compassion in Dying.
Without having a Lasting Power of Attorney for the person you care for, you will not be able to make decisions about their care or treatment if they are unable to do so themselves. The professionals involved should ask about your opinions and wishes, but you cannot make decisions on their behalf, even if you are their next of kin.
If none of the above measures are in place, decisions about the care and treatment offered to the person you care for will be made in their best interest by medical and social care professionals.
Charging
Unless care is provided by the National Health Service (NHS), local authorities or individual care homes can charge for their services. In order to do this, they must carry out a financial assessment of the person you care for to determine how much they can charge.
Local authorities must follow statutory guidelines for charging (which includes any property owned by the person in care). Paying for care is a complex issue and it is important to seek specialist advice.
Independent age produces information about paying for care.
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