Expert Health & Welfare Advocacy

Specialist services Chilcotts Law can offer to its clients and fellow professionals who require clinical and healthcare advice.

Legal applications:

  • Preparation of Lasting Powers of Attorney for Health & Welfare and Property & Financial Affairs
  • Preparation of Advance decision making otherwise known as Living Wills
  • Deprivation of Liberty (DOLS) challenges
  • Public law applications for Judicial Reviews

Care funding and care provision

  • Continuing Healthcare Funding (CHC) NHS assessments and appeals
  • Advice in regard to The Care Act 2014 care assessments
  • Challenging Local Authorities in regard to the illegal provision of care
  • Assessing and planning care packages
  • Locating suitable residential, Nursing Home or sheltered care placements
  • Arranging and setting up 24 hour care packages to enable clients to remain at home
  • Preparing reports on suitability of care provision

Expert reviews

  • Analysing and reporting on medical records and treatments

Financial applications

  • Securing Personal healthcare budgets and Direct payments
  • Advice and support in completion of benefit applications such as Attendance Allowance

At Chilcotts Law we are very fortunate to have our in house Advocate Anne Reed, as one of the leading experts in the country in supporting families and clients in a whole range of healthcare related assessments and applications. Anne’s dual qualification as a clinician and Solicitor gives her the unique expertise to be able to navigate both the NHS and Social Services arenas. Anne and her team can assist clients and their families at any stage of aforementioned applications, hearings or care provision requirements.

Of course it is always best to be prepared for what will happen when you are taken ill and no longer able to care for yourself.

How and where do you wish to be cared for and how you will fund such costs?

Have you appointed your Attorney(s) in the event you are unable to make decisions?

Who would you want to make decisions about your care arrangements in the event you are unable to do so?

Having worked hard all your life you may wish your family to benefit from your property and savings – what planning have you done in order to ensure your assets are protected?

It is so often the case that clients do not consider such questions and it is only when a crisis occurs, such as a sudden heart attack, stroke or accident that one requires our specialist advice. It could be that you are being detained in a care setting you no longer wish to remain.

Many clients contact us when swift action needs to be taken – It may be as simple as interpreting clinical and medical records about the treatment being offered or assisting in seeking a specialist medical opinion as to alternative treatment options. It may be an application is required to assist in an unlawful detention. It may be at a time when a Clinical Commissioning Group (CCG) decides to decline NHS funding eligibility or a decision is taken to withdraw an existing funding award. An application to appeal such a decision either at the CCG level, NHS England or Ombudsman level can be commenced. If necessary we can make a public law application for a Judicial Review. Whatever the circumstance Anne has a wealth of knowledge and ability to assist our clients at any stage of their health and social needs.

Anne also offers her clinical expertise to Professional Solicitor Attorneys and Deputies who may be required to make health and welfare decisions from locating a suitable care setting to the withdrawal or enforcement of nutritional and hydration in a hospital setting. Anne has worked on a number of cases to enforce a patient’s right to receive treatment.

For further information and assistance, please call 01822 612535 and ask to speak with Anne Reed who will be happy to have an initial chat as to how she may be able to help you.

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Healthcare Advocacy

Advising

  • Advising Professional Attorney’s and Deputies in regard to health & welfare decisions
  • Advocacy with Local Authority Community Care Act assessments

Representing

  • Representation in regard to NHS funding such as Continuing Healthcare eligibility.
  • Representation in regard to Local Authority funding decisions
  • Advice and representation with regard to charges being applied to property representing Deferred Payments Schemes'.

Analysis

  • Analysing and reporting on medical records and treatments
  • Supporting decision making in regard to treatment options

Applications for disclosure

  • Applications for disclosure of clinical & medical records under the Data Protection Act 1998 (patient data for the living)
  • Applications for disclosure of records under the Access to Records Act 1990 (deceased)
  • Applications for disclosure of information under the Freedom of Information Act 2000 (organisational)

Are you currently acting as a Deputy or Health Attorney?

Are you needing to make decisions about the health and welfare of an incapacitated person?

At such times you will be required to be knowledgeable about the health system itself, clinical diagnosis and options for care provision. Our Anne Reed can support you at every level of decision making. This could be in person as an Advocate, by interpreting medical notes or the provision of written advice.

If you are a Professional Deputy or Attorney you may require representation and/or the provision of a written report and advice. Anne Reed can assist as an Advocate at hospital meetings/consultations, Social Services assessments or family meetings in which her specialist experience and expertise can assist in decision making for the incapacitated person.

Such decisions are often required on critical timelines for which Anne Reed is able to respond. Anne works across the UK and will therefore travel to the client’s home, hospital ward, Nursing or Care home to where the patient may be resident. Call Anne to discuss how she may be able to assist in your given circumstance.

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Acting as the Appointed Deputy or Health and Welfare Attorney

As a dual qualified practitioner, you may choose to appoint Anne Reed as your Attorney for Health and Welfare decisions. The Court of Protection (COP) may wish to appoint Anne as a Health and Welfare Deputy for your loved one.

In a recent case Anne acted as a Deputy appointed by the Court of Protection for a client who had no family at all. The only wish she had was to return home. Sadly her home had been left in a state of disrepair during the 3 years she had been denied the right to return home by the local CCG and Nursing Home. Not only did Anne secure her right to leave the residential setting but she organised a compete refurbishment of her property in partnership with her Financial Deputy. Our client enjoyed almost 3 more years of 1:1 care in her own home accompanied with a 24 hour live-in care package arranged and monitored by Anne before she peacefully passed away. This case required a high degree of perseverance, expertise, together with knowledge of both the legal and clinical arenas. Anne has a tenacity and unique combination of skill and expertise and adopts the approach that ‘everything is possible’. If there is anyone who can make things happen at whatever level of diversity, then Anne Reed is the person to do so.

In which ever circumstance you may be facing – Chilcotts Law is able to offer Anne’s skill and expertise for which she is uniquely qualified to act. If you feel such services could assist you then please speak with Anne on 01822 612535.

Complex care requirements, Care provision and Hospital discharges

Applications

  • Out of area funding applications
  • Responsible Commissioner disputes
  • Individual patient treatment requests (IPTR)
  • Supporting decision making in regard to treatment options
  • High Cost cases Appeal Panel applications.

Representation

  • Representation at hospital discharge planning meetings
  • Co-ordinating specialist healthcare professionals in the delivery of a range of care packages specific to the individual.

Specialist Advice

  • Specialist advice in regards to funding care packages with access to qualified and accredited financial advisors.
  • Advice in regard to available benefits and technological support
  • Specialist dementia advice

Chilcotts Law offers a range of specialist services to support patients and families in regards to complex care applications and appeals such as ‘out of area’ funding and Responsible Commissioner disputes through to Individual Patient Treatment Request (IPTR) applications. The combination of clinical and legal experience means we are able to assist with a range of health and social needs in the form of applications and hearings.

With regards to care provision we seek to ensure each client receives a package of care which optimises their quality of life. Our Anne Reed will always seek to establish the client’s overall needs and provide advice on the most appropriate care setting for the individual. Sometimes additional specialist services are required and Anne can advise as to which specialists may be best placed to assist in the overall package of care. These may include specialists such as Stroke, Parkinsonian, Dementia, Heart Failure or Tissue Viability nurses to name but a few. This may also include referrals to a Community Complex Care Matron, MacMillan or Carers Support services. Anne aims to ensure such complexities are dealt with comprehensively and the transition of care is seamless. In particular, Anne can assist in supporting hospital discharges together with the setting up of such specialist services, 24 hour care at home, assisting with the provision of technology securing relevant benefit claims – all tailored to meet both the client’s and family’s needs and wishes.

Chilcotts Law has established links with specialist service providers such as Agencies who provide Live in and Domiciliary Care, specialist Nursing Homes and Independent Financial Advisors all of whom may be able to assist with your loved one’s care needs. Chilcotts Law and in particular Anne, is an affiliate member of SOLLA (Society of Later Life Advisors) and regularly speaks at a national level about her specialist knowledge and expertise.

Anne holds a specialist interest in dementia and its associated implications upon not only the person themselves but the wider family unit. Anne is an active member and representative of Tavistock Dementia Alliance steering group. Anne has travelled extensively looking at how other countries care for people with dementia and holds a wealth of information both in terms of care and management of the condition. Anne has set up a charitable organisation called iMind Initiative which is looking at developing one of the first innovative care settings in the UK. To find out more please visit www.imindinitiative.org.

Whatever the circumstance you may find yourself, please call and speak with our Anne Reed who will be very happy to advise on the best course of action – 01822 612535

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