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March 2018 Newsletter


Hello, and welcome to our March update. 

One of the most welcome pieces of news in the last few weeks has been the announcement that the Office of the Public Guardian has started to refund the fees it overcharged for registering powers of attorney between April 2013 and March 2017. 
If you registered a Lasting Power of Attorney during that period you can apply for a partial refund of your fees by completing a claim form that is available from the Gov.UK website. You can use this link to find the form.

If you've got any comments or questions do get in touch here

In other news...



Ombudsman says local authorities are liable for poor service from care homes

The Local Authority Ombudsman has decided that councils are to be held responsible when care homes fail to act appropriately if the care home is supplying services on behalf of the council.

The role of the Ombudsman is to investigate cases of maladministration and poor service by local authorities and some other bodies. In cases where a supplier, such as a care home provides services on behalf of a local authority the Ombudsman can investigate complaints about the service provider.

The Ombudsman upheld a complaint recently made against Essex County Council who had arranged respite care for an elderly resident with challenging behaviour.

The care home arranged for the resident to be taken to hospital for tests following a fall and then refused to allow him back to the home when he was ready to leave the hospital. The local council had refused to accept responsibility when the man's daughter complained but the Ombudsman's decision in favour of the complainant means councils in future will have to carry the can for a supplier's failings.

Postcode lottery for NHS Continuing Healthcare

Why do some people get awarded NHS Continuing Healthcare and others with similar health problems don't?

We always thought there isn't a level playing field for NHS Continuing Healthcare but now it's official!

The House of Commons Public Accounts Committee has heavily criticised the whole process of assessment including the inconsistent way in which different Clinical Care Commissioning Groups interpret the rules.

The committee concluded there are four main problems with the assessment process.
Read more

Top Tips - Can Attorneys Give a Donor's Jewellery Away?

When the Donor of a Lasting Power of Attorney for Property and Finance moves into residential care it may be necessary to dispose of some of their possessions but what if those possessions have been mentioned in the Donor's Will?

This article looks at the powers attorneys have to give away a Donor's jewellery and other valuables and offers some tips for attorneys to avoid problems.
Read more

Remember, if you want to access more great resources and exclusive articles join BE My Own Lawyer, our unique online information and support service. Get questions answered through our forums and find checklists, how-to guides and much more.
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