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What if they don't have liquid assets enough to cover costs?Then the person who receives services will have to pay for those services in full.
Be careful. I don;t agree with your last sentence. Usual UK practice is that the matter is considered concluded at first instance - i.e. in this case after Panel but before any appeal, with the costs being recoverable after a successful appeal (IIRC plus interest at commercial - rather than judgment - rate). Legally, the needs have been determined, it's just that the party (and their representatives) don't agree with the decision (however justifiable, they, you or I may think such disagreement to be).Thank you for the thorough advice Wirralson. The patients representative does have a poa for finance and does completely lack capacity. With the chc process incomplete, the reason to decline the assessment is that the needs haven't yet been determined with the appeal still outstanding. The LA (social services department) contend that the assessment of a multi disciplinary panel, not including the relative and poa, concludes that the matter is resolved.
It would seem that the LA do not indeed have any entitlement to the data. I shall encourage the family to seek out specialist legal advice before proceeding.
It's not quite clear to me what you mean by this. When you say "the patient's assets" do you mean the patient's income, and when you refer to "The assets surviving the patient" do you meant capital assets ? There's nothing to prevent the PoA holder attempting to negotiate with the Nursing Home provider privately - they amy well accept a discount. But that's nothing to do with the LA. Indeed, it could be regarded as within the scope, or even be requried by, the PoA hodler's duties to maximise the efficent use of the patient's overall assets. But there is no obligation on the NH to accept this. It can be unwise to attempt to pay top-ups in this situation - it may be better to (gradually) deplete the capital assets up to the point the LA intervenes. Preservation of capital is not an end in itself in such cases - indeed the PoA holder risks beinga accused of preserving the value of the estate. Simplfying somewhat, the presumption is that the assets are there to be used during the lifetime of the individual - including liquidating any housing, for example. But again, qualified advice based on detailed knowledge of the situation of thsoe involved is essential to protect the patient's interest and that of the PoA holder.As an aside, something that interests me, is that the patients assets fall just below a level which would enable them to be self funding of the full commercial (not reduced as would be paid by the LA) amount. I wonder if a compromise could be met somewhere... It would certainly be lucrative to the nursing home owner in the long run. The assets surviving the patient and available to pay off any outstanding debt.