How solicitors can help

If you are concerned about the care that you, a friend or a relative are receiving, you should contact the registered manager/owner of the service in the first instance as they have a duty to respond to any complaints made about their service. The problem may be resolved quite easily once they are made aware of it.

If you are unhappy with the response from the service provider and your care has been arranged and funded by the local authority, you should discuss your concerns with your social care worker or contact our Complaints team using the following details as we may be able to look into your complaint further.

Tel: 01609 532638 Email: social.complaints@northyorks.gov.uk Write to: Health and Adult Services Complaints Manager, North Yorkshire County Council, County Hall, Northallerton DL7 8DD

We aim to resolve complaints as quickly and informally as possible. If you can talk to the managers who deliver your service, this is often the quickest and best way to get a problem resolved. If you are unhappy with our response to your complaint, you can contact the Local Government and Social Care Ombudsman for further advice.

If you have arranged and funded your care without our involvement and you are unhappy with the response to your complaint by the service provider, you can contact the Local Government and Social Care Ombudsman for advice. The Local Government and Social Care Ombudsman looks at complaints about councils and some other authorities and organisations including adult social care providers (such as care homes and home care providers). Its helpline is open from 10.00am to 4.00pm, Monday to Friday on: 0300 061 0614. Visit: www.lgo.org.uk

If you have concerns about a breach of regulations by a registered provider, you can contact your local office of the Care Quality Commission which can use the information when looking at individual services to ensure quality and safety standards are being met. See page 76 for more information.

A solicitor can give you impartial advice about wills, making gifts, estate planning and powers of attorney. Some can also offer guidance on immediate and long-term care plans, ensuring (if applicable) the NHS has made the correct contribution to your fees.

Lasting Powers of Attorney (LPAs) allow you to appoint someone you trust to make decisions about your personal welfare, including healthcare and consent to medical treatment, and/or your property and financial affairs. An LPA is only valid once registered with the Office of the Public Guardian. It allows for a person of your choice to make decisions on your behalf at a time when you may be unable to.

The Court of Protection can issue Orders directing the management of a person’s property and financial affairs if they are incapable of managing their own affairs should they not have an LPA. The Court procedure is presently very slow and the fees are quite expensive, so preparing an LPA is always advisable, providing you have somebody sufficiently trustworthy to appoint as your attorney. An ‘advance directive’ allows you to communicate your wishes in respect of future medical treatment, but it is not legally binding. You may instead wish to make a living will, properly known as an ‘advance decision’ setting out treatment that you do not want to receive in specified circumstances, which would legally have to be followed, even if you die as a result.

Any proposed gift out of your estate needs careful consideration of the benefits, risks and implications, particularly on any future liability for care costs or tax liability.

If you don’t have your own solicitor, ask family or friends for their recommendations. Contact several firms, explain your situation and ask for an estimate of cost and an idea of timescales involved. Many firms will make home visits if necessary and will adapt their communications to meet your needs. It’s important to find a solicitor who specialises in this area of the law. Citizen’s Advice offers an advice service and will be able to recommend solicitors in your area. Visit: www.citizensadvice.org.uk