LAW
legally speaking...
throughout the winter period. assumption that the individual is best-placed to • Protecting people who need care, support or judge the individual’s wellbeing, safeguards, the social care workforce and carers b) The individual’s views, wishes and feelings and from infections including COVID-19. beliefs, • Making sure that people who need care, c) The importance of preventing or delaying the support or safeguards remain connected to development of needs for care and support and essential services and their loves ones whilst the importance of reducing needs of either kind protecting individuals from infections including that already exist, COVID-19. d) The need to ensure that decisions about the The key issue for local authorities is the need individual are made having regard to all of the to manage a potential conflict in terms of the individual’s circumstances, Our regular law column with wellbeing of both care home residents and e) The importance of achieving a balance those in the community with care and support between the individual’s wellbeing and that of any needs as regards prevention of COVID-19, and friends or relations who are involved in caring for the detrimental impact that prolonged periods the individual, and without community access and visits from family f) The need to ensure that any restriction on the and friends may have on their mental health. individual’s rights or freedom of action that is The Visiting Guidance addresses actions to Local involved in the exercising of the function is kept to Authorities, care providers and the NHS as regards the minimum necessary for achieving the purpose Need aa fast Want to leave Require a aexercised. Need fast Want to leave Require the forms (pre-discharge testing, infection control for which the function is being measures in care homes, limiting staff movement Many of these wellbeing functions are “in and effective your affairs inin prompt and and effective your affairs prompt and between settings and PPE). On the latter, the play” where an individual is in a care home or solution toto buying order but not service solution buying but not efficient service Need fast Want to leave Require Need aa fast Want to leave Require a a communityefficient Department of Health andorder Social Care states that setting and is restricted from access or selling your sure where to to deal with your or selling your sure where to to deal with your and it will distribute tablet devices to care homes that to friends, family, community reserves and effective your affairs prompt and and effective your affairs in in prompt and that care home staff can leisure/recreation activities. It is not difficult home? commercial home? are in greatest need, sostart? start? commercial
Caring and care givers during the pandemic
solution buying order but not solution toto buying order but not selling your sure where oror selling your sure where toto one of us could ever have envisaged the home? start? home? start?
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efficient service efficient service transactions? deal with your transactions? toto deal with your commercial commercial Throughout the COVID-19 Pandemic there transactions? transactions?
“has been a significant tension between the
catastrophic effects of being unable to see or touch our loved ones – certainly not for the protracted period of time many have had to endure. Loved ones entrusted into care settings such as residential homes and the majorityOffering ofOffering nursing have tailored, individual legal solutions inin the areas of:of: tailored, individual legal solutions the areas been there to there to receive the care and support Want leave Require a they Need require aforfast their medical health andtosocial nyour n nHuman Rights and Judicial Review nResidential Residential Conveyancing Human Rights and Judicial Review and effective affairs in Conveyancing prompt and needs. The Pandemic has resulted in lockdowns access remote health consultants forof: the people to see how those restrictions are capable of Offering tailored, individual legal solutions in the areas Offering tailored, individual legal solutions in the areas of: solution to buying but not efficient service norder Property n nMental Health Law nCommercial Commercial Property Mental Health Law whichormeans many individuals have been deprived in their care. This will also support care home exacerbating existing mental and physical ill selling your sure where to to deal with your nlife. their right to family and private Company Commercial nfamilies NHS Continuing Healthcare n residents to stay connected with their health. Company Commercial n NHS Continuing Healthcare nof n home? start? commercial Residential Conveyancing Human Rights and Judicial Review Residential Conveyancing n nHuman Rights and Judicial Review Within the community throughout the COVID-19 ones. Technical and user supportAssessments will Whatever theAppeals circumstance, transactions? n n Litigation and Litigation and loved Assessments and Appeals my advice is to n n Commercial Property Mental Health Law Commercial n nMental Health Law Pandemic there has Property been a significant tension be provided to set up the devices for use by care maintain positive dialogues with the care home Estate Planning and Probate n nSocial Care Assessments and nWills, Wills, Estate Planning and ProbateHealthcare Social Care Assessments and n nbetween the imperative to protectn the health and Company Commercial NHS Continuing Healthcare Company Commercial n n NHS Continuing providers. settings, the managers and the professionals. ncare social care users and the social workforce Lasting Powers of Attorney representation n On the issue of visits to those in care homes There is a glimmer of hope that a vaccine will Lasting Powers ofAssessments Attorney representation n nLitigation Litigation Assessments and Appeals and Appeals and the need to respect the nfamily life and the Winter Guidance refers to the (now nupdated) bring about a relaxation and at some point in the Deputyship applications toto Medical Records nand Deputyship applications nAccess Access Medical Records n nWills, Wills, Estate Planning Probate Social Care Assessments and and Probate n nSocial Care Assessments and Offering tailored, individual legal solutions in the areas of: private lifeEstate rights ofPlanning those who might be subject Visiting Guidance which requires a risk assessment coming months of life, returning to some sort of n nProfessional appointment ofofmembers attending n nArrangement Care Provision Professional appointment Arrangement Care Provision nto nLasting protective restrictions. At certain points nin Human Powers Attorney representation Powers of of Attorney representation based approach to family care normality. ofof n Lasting Residential Conveyancing Rights and Judicial Review the Pandemic, some local areas and institutions Attorneys and Deputies n Health and Welfare Advocacy homes. Overall the Winter Guidance is clear that n Attorneys and Deputies n Health and Welfare Advocacy Commercial Property n Mental Health Law n nDeputyship Deputyship applications Access Medical Records applications n n Access to to Medical Records have nimplemented “blanket bans” on visiting nin NHSthe Company Commercial Continuing Healthcare “first priority” remains to prevent infections in Should you feel you or your loved ones have n nProfessional Professional appointment of n Arrangement of Care Provision appointment of n Arrangement of Care a wayn which is likely to be disproportionate and Assessments andand Appeals Litigation care homes protect staff and residents.Provision concerns regarding the issues raised in this n Attorneys Wills, Estate Planning and Probate n Social Care and therefore contrary toand Article 8 of the European Deputies nHealth Health Welfare Advocacy Attorneys and Deputies nAssessments Welfare Advocacy The Guidance does and notand engage with the effects article please contact Anne on 01822 612535 n Lasting Powers Rights of Attorney representation Convention on Human (ECHR). or annereed@chilcottslaw.com of this on the duty of a Local Authority, in Deputyship applications n Access to Medical Records The nCOVID-19 Winter Plan 2020-2021 is guidance exercising its functions under the Care Act 2014, n Professional appointment of “Thank you for all your expert and n Arrangement of Care Provision “Thank you toforpromote all your expert and aimed at Local Authorities, NHS organisations, the “wellbeing” of an individual. AttorneysClient and Deputies n Chilcotts Health and Welfare Advocacy and timely The support Law File Name advice. 8100 Law Magazine Advert Amend timely advice. The support care providers and the CareChilcotts Quality Commission Wellbeing includes physical and and mental health Artworker Finished Size 157x226.5mm kindness shown throughout such kindness shown such Director Mikeit Laneshould Artwork %throughout 100% Proof Stageread (CQC). For LocalCreative Authorities be and emotional wellbeing, control the individual PRINT Weby can deliver prompt and effective Modification Date all 06/10/16 9:45AM Bleed 3mm “Thank your expert and “Thank you forfor all your and aexpert stressful period was alongside theyou Adult Social Care Plan aAction stressful period wasinvaluable. invaluable. over day-to-day life, participation in work, solutions to all your legal requirements timely advice. The support and timely advice. The support and certainly come with (April 2020) and updated VisitingYour Guidance (21stwill education, training or recreation, domestic, family Yourfirm firm will certainly come with “Thank you for all your expert and kindness shown throughout such kindness shown throughout such September 2020) and ADASS Guidance (Sept the highest recommendation to our and personal relationship and the individual’s timely advice. The support the and highest recommendation to our astressful stressful period was invaluable. a period was invaluable. kindness shown throughout such 2020). contribution to society [s.1(2)]. Under s.1(3), in contacts.” contacts.” Offering tailored, individual legal solutions the areas of: a stressful period was invaluable. The Government’s three overarchingcome priorities forinwith Your firm certainly come Your firm willwill certainly with exercising a function under this part in the care of Your firm will certainly come with n Residential Conveyancing n Deputyship applications n Assessments and Appeals adult social care are described as: to our to to the highest recommendation the highest recommendation ourour annindividual, a local authority n Commercial Property Professional appointment of must have regard to nAnne Social Care Assessments and the highest recommendation Reed n Company Commercial Attorneys and Deputies representation contacts.” • Ensuring everyone who needs care and the matters which include: contacts.” contacts.” Solicitor Director n Litigation n Human Rights and Judicial Review n Access to Medical Records support high quality, and safe care a) nTheMental n can Wills, get Estate Planning andtimely Probate Health Law of beginning with the nChilcotts Arrangement importance Law of Care Provision
imperative to protect the health and social care users and the social care workforce “
Anne
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Lasting Powers of Attorney
10-12 Plymouth Road, Tavistock, Devon, PL19 8AY
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NHS Continuing Healthcare
10-12 Plymouth Road, 10-12 Plymouth Road, Tavistock, Devon, PL19 8AY Get in touch today: Tavistock, Devon, PL19 8AY
info@chilcottslaw.com info@chilcottslaw.com info@chilcottslaw.com ¨ 01822 612535 10-12 Plymouth Road, chilcottslaw.com 10-12 Plymouth Road, Get in touch today: Get in touch today: chilcottslaw.com chilcottslaw.com Tavistock, Devon, PL19 Tavistock, Devon, PL19 8AY8AY
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Get in in touch today: Get touch today:
¨ ¨01822 01822612535 612535
Health and Welfare Advocacy
