Depending on the circumstances, we will either:
It is also vital to consult with others for their views about the person’s best interests e.g.
• Assess you as still owning the assets • Make the person you gave or sold the asset to contribute towards your fees Your local council may investigate to determine whether deprivation of assets has occurred. This can include Land Registry checks, credit searches and requesting copies of bank statements. Discrimination The Equality Act 2010 www.legislation.gov.uk/ukpga/2010/15/contents offers protection against being treated unfairly because of:
• Anyone previously named by the person • Any Carers • Close relatives and friends • Any attorney appointed under a Lasting power of attorney • Any deputy appointed by the Court of Protection Deprivation of Liberty
In certain cases, the restrictions placed upon a person who lacks capacity may amount to “deprivation of liberty”. This must be judged on a case – by – case basis. Where it appears a deprivation of liberty might happen, the care provider (usually a hospital
• Age • Disability • Gender reassignment • Marriage or civil partnership • Pregnancy • Race • Religion or belief • Sex • Sexual orientation
or care home) has to apply to their local authority. They will then arrange assessments of the person’s care and treatment to decide if the deprivation of liberty is in the best interests of the individual concerned. If so, the local authority will grant a legal authorisation. If not the care and treatment package must be changed, and the person cannot be deprived of their liberty. If you suspect a deprivation of liberty may happen, talk to the care provider or the local authority. Deprivation of Assets Deprivation of assets is a term used when someone tries to avoid paying care home fees by giving away or selling their assets (like their house or savings) shortly before needing care. The local authority might investigate this if the suspect is trying to avoid paying which is a criminal offence. You are free to spend your income and assets as you wish, including making gifts to friends and family. However, you must pay your fair contribution towards care and support costs. If you give away your home, savings or other assets before going into a care home (or when you are already living in one), we will investigate the circumstances very closely.
These are known as “protected characteristics” and where someone is treated unfairly because of them, this is called “discrimination”. In some cases, the Equality Act 2010 can also protect Carers from being treated unfairly because of their association with the person they care for; this is called “discrimination by association”.
The Equality Act 2010 covers you and the person you care for in relation to:
• Employment (such as applying for jobs or work place practices) • Education (such as school, colleges, universities) • Housing (such as buying and renting houses or flats) • Goods or services (such as shops, restaurants and public services etc..) • Travel and transport • Public authorities (such as local council, NHS, local authority schools). These steps can be taken if you feel you have been directly or indirectly
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