Tuesday 28 February 2017

Our guide on the 3 key areas a #financial advisor can help you with when it comes to paying for your #care. https://t.co/4zdGqs5e5d


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A lasting power of attorney for property & financial affairs will help ensure your assets are protected. Important. https://t.co/ND6o3T4Sw5


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Pleased to see that we have made the top 100 blogs list on https://t.co/PNzUI1B7id. Thanks!


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How do you work out what your care home costs will be? Our guide answers all the key questions you will have. https://t.co/kYMvwk9GGh


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Are you looking for a job in #domiciliary care in #Kingston? @VidaOfficial_ are recruiting. Great pay and perks. https://t.co/DksoJya9FR


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Pls RT. Here is today's #health and #care related news in the UK. https://t.co/pR1MpT3SCA


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Getting your Lasting Power of Attorney sorted before going in to care is vital. Here are people that can help you. https://t.co/As22Cby0IL


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Are you looking for a care home? If so, we have produced a guide setting out the 5 steps you should take. https://t.co/j3rxmiAfJH


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Our helpful guide sets out the key reasons and symptoms behind what causes #vascular #dementia https://t.co/sAK7yqL4MX


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Did you know there are 6 main ways in which you can pay for your care? Our guide gives you the pros + cons of each. https://t.co/kDyWxf4yYI


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South #Wales now represented by @DevonaldsLaw on our Lasting Power of Attorney directory. Have a look. https://t.co/NmKbbwoqRE


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Know any organisations that offer care and support? If so, see if they want to be added to our FREE directory. https://t.co/YPoTlrRNIN


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Want to know what symptoms to look out for with #lewy body #dementia? Our guide will help you. https://t.co/HWZKMXIubD


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Monday 27 February 2017

A lasting power of attorney for property & financial affairs will protect your assets as you get older. Read how. https://t.co/ND6o3T4Sw5


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Being a care assistant is a rewarding role. Our guide sets out more about the role and what it involves. https://t.co/9GUqmiqXze


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Pls RT. Here is today's #health and #care related news in the UK. https://t.co/pR1MpT3SCA


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Do you want to work as a health care assistant? We've produced a guide to help explain more about the job. https://t.co/g1i4KnDq0p


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11 Tips to help you choose a #recruitment agency. Our guide will help you decide which agency you should use. https://t.co/BpBjMuQAMV


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Looking for homecare in #Cannock #Sandwell #Dudley? Have a look at @SecureHealthcar and here is why -… https://t.co/iCksSVrL3A


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Hello to @BlueBirdCareNF who have just joined our home care directory covering the #new #forest area. https://t.co/6C2UqZACbJ


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Pre-paid #funeral plans are a good way to fund that final cost. Our guide sets out the pros and cons to consider. https://t.co/qO97NS3pGj


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We'd like to welcome @BluebirdCare as a home #care provider for the #Totton area. Have a look. https://t.co/o5Se6j2YMy


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Thought about how you will pay your care costs? Our guide sets out the 6 main options that you have available. https://t.co/kDyWxf4yYI


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Need some help recovering care fees that you shouldn't have paid? @DevonaldsLaw can help you do just that. https://t.co/c0ivmbOe6b


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Really pleased to have @BbCSouthampton now listed as a home care provider for the #southampton area. https://t.co/c25VQebI7X


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Having to pay for your care? If so, make sure you have a care needs & financial assessment done first. Read how. https://t.co/zxS3yZpxF6


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Really pleased to say that @DevonaldsLaw have now joined our #will writing professionals directory. Have a look. https://t.co/ZYrRpi2C9m


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Better understand what #frontotemporal #dementia is by reading our easy to read guide - https://t.co/s8Tk2N0qO7


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Pls RT. A summary of the day's main UK care news from leading news sources all in one place - https://t.co/0yoDk2KBUA


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Sunday 26 February 2017

An increasingly common way to pay for care is to use #equity #release. Our guide will help explain how it works. https://t.co/vD5qj9aevk


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How do you choose which #domiciliary care provider to use? Our guide gives you some useful tips to help you decide. https://t.co/9t0A8vlssq


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Care home fees are expensive. Here's our guide explaining whether you can avoid paying care home fees or not. https://t.co/9fI013JaYZ


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Really excited that our new book '51 Tips to Help you Live with Dementia' is now available. Have a look. https://t.co/Tz9nMYIpDX


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Pls RT. Here is today's #health and #care related news in the UK. https://t.co/pR1MpT3SCA


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Have you created your Lasting Power of #Attorney yet? If not, we have a directory of specialists that can help you. https://t.co/As22Cby0IL


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#Lewy #Body #Dementia - Read our guide that explains what to look out for and how to care for someone with LBD. https://t.co/HWZKMXIubD


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We've proceed a guide to help you start planning now for your future care home fees. https://t.co/S89M7CgLMS


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What does the Court of Protection do and how can it help you or your family?

What does the Court of Protection do and how can it help you or your family?

 The Court of Protection (COP) makes decisions on financial or welfare matters for people who cannot make decisions at the time they need to be made.

When a family member, friend or loved one lacks mental capacity to make their own decisions it can be a traumatic time for all involved. It will be difficult or impossible to deal with any assets in their name as authorities will only deal with the person who lacks mental capacity.

In an ideal world, the incapacitated person will already have in place valid health and welfare lasting powers of attorney as well as property and financial affairs lasting powers of attorney, appointing chosen people to step into their shoes and manage their affairs if the need arises.

But making lasting powers of attorney is not always possible. The person may already lack mental capacity when such documents would be useful or if there are powers in place then perhaps they are no longer fit for purpose.

In order for a person to take control of someone’s affairs, they will need to apply to the COP. The www.gov.uk website summarises what the COP is responsible for:

  • deciding whether someone has the mental capacity to make a particular decision for themselves
  • appointing deputies to make ongoing decisions for people who lack mental capacity
  • giving people permission to make one-off decisions on behalf of someone else who lacks mental court of protectioncapacity
  • handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
  • making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
  • considering applications to make statutory wills or gifts
  • making decisions about when someone can be deprived of their liberty under the Mental Capacity Act

The foundation of any COP application is an assessment of the mental capacity of the individual to whom the application relates, usually referred to as the “patient” in court.

Once the COP is satisfied the patient lacks mental capacity, they will then look at the application being made and decide whether to issue a court order. The COP will want to hear all sides of the story and may direct relatives, friends, carers or other interested parties to be made aware of the application.

Typical applications to the COP include applying to be a patient’s “deputy”. The end result is similar to that of being an attorney under a lasting power of attorney where in most circumstances a deputy has general control over property and financial affairs. However, the deputy must demonstrate to the COP they are fit for the role and will have various levels of court supervision during their tenure.

Applications can also be made for “one-off” decisions such as making gifts or signing a “statutory Will” (signing a Will for someone who lacks mental capacity) on behalf of the patient. These can be complex applications requiring a detailed assessment of the patient’s affairs. All parties that may be affected by the COP issuing an order in favour of the application will be invited to have their say.

The COP is increasingly being asked to decide on health and welfare matters. It is rare for the COP to grant a general health and welfare power to a deputy but they do consider one-off decisions perhaps if there is a disagreement as to a care provider. The COP can step in to make a decision where there is a deadlock.

If you find yourself in the position of having to consider a COP application then seek professional advice.

Here are 8 FAQs on Court of Protection applications and deputyship

What is a deputy?

A deputy is the person or persons appointed by the Court of Protection to deal with the affairs of the person who has lost capacity and can no longer manage their own affairs

What can I do as a deputy?

Under a property and affairs order, you as the appointed deputy can take full control of your loved one’s financial affairs. You can streamline their accounts, pay off all their debts, and apply for benefits that they may be entitled to. You can also sell their home if they are in residential or nursing care and their care fees need to be paid from the sale proceeds.

Can I make welfare decisions?

You can only make welfare decisions if you have applied and been awarded the personal welfare order. Then and only then can you make decisions for your loved one and decisions that you can make will be stipulated in the order by the court.

Will I have to report to the Court with decisions that I make?

As a property and affairs deputy, you will be expected to complete an annual account on a yearly basis and this will document what decisions you have made on behalf of your loved one during the past year.   It is very important that you document all that you do for your loved one, keep good clear records of everything that you have paid out and keep all receipts and statements.

What happens if I can no longer act as deputy?

If the appointed deputy can no longer act for the person who has lost capacity for whatever reason, another application would need to be made to the court for a new deputy to be appointed.

What happens if the person the order is about regains capacity?

If this happens, then an application would need to be made to the court for dispensing of the current deputyship order; medical evidence would also need to be submitted confirming the regaining of capacity.

Can I be paid for acting as deputy?

No. Only a professional deputy can be paid for dealing with financial affairs under a deputyship order.   A lay deputy (a non-professional) person can claim reasonable expenses.

When does a deputyship order end?

The order ends on either the death of the person who has lost capacity or if they regain capacity and are now able to deal with their own affairs.

For more advice or information please contact:

Susan Glenholme, Partner

Debenhams Ottaway

T: 01727 735636

E: sg@debenhamsottaway.co.uk

W: debenhamsottaway.co.uk

Some more great blogs by Debenhams Ottaway

The post What does the Court of Protection do and how can it help you or your family? appeared first on UK Care Guide.



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We've produced a calculator to help you estimate your home care costs. Use it to make sure you plan costs properly. https://t.co/xu9C6lKNKU


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Are you looking for a job in #domiciliary care in #Brighton? @VidaOfficial_ are recruiting. Great pay and perks. https://t.co/XkN5grzCMD


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Looking to buy a #mobility #scooter? Make sure you read our buyers guide first ahead of buying one. https://t.co/1hbOEokaGs


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Making a will is one of the most important things you can do. We explain why this is the case. https://t.co/yutPv8MKip


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Pls RT. Here is today's #health and #care related news in the UK. https://t.co/pR1MpT3SCA


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Saturday 25 February 2017

Do you own a care home? Advertise your home for only £9 and let thousands of people find you. Get in touch with us. https://t.co/aAECGkZmOx


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Are you paying for your care costs? If so, have u found out if the #NHS should pay? Here people who can help. https://t.co/As22Cby0IL


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Looking for cheap #care products to help you in the #bathroom? If so have a look at our shop. Big discounts. https://t.co/iw4CvlF247


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We've produced a directory of UK organisations that offer care support/help. See if they can help U or a loved one. https://t.co/YPoTlrRNIN


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Are you looking for a job in #domiciliary care in #Kingston? @VidaOfficial_ are recruiting. Great pay and perks. https://t.co/DksoJya9FR


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Pls RT. Here is today's #health and #care related news in the UK. https://t.co/pR1MpT3SCA


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Being a care assistant is a rewarding role. Our guide sets out more about the role and what it involves. https://t.co/9GUqmiqXze


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Working out how to pay for your care fees is tricky. Here are some people that can help you decide what to do. https://t.co/1azAs6mNxj


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Healthcare assistants play a vital role in #care. We've produced a guide if you're looking at this as a career. https://t.co/g1i4KnDq0p


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Do you want to work in a nursing home? Read our guide which explain more about the job, salary and career. https://t.co/5U7fOenTtK


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Using a care #annuity is one of the ways to pay for your care. Our guide sets out the pros and cons of doing so. https://t.co/uIcPH2cmAk


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Promote your care home on our site for only £9. Thousands search our site looking for homes. Get in touch for info. https://t.co/aAECGkZmOx


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Pls RT. Here is today's #health and #care related news in the UK. https://t.co/pR1MpT3SCA


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Friday 24 February 2017

A care #annuity will guarantee you an income for your life. Its one way to pay for your care. Read how it works. https://t.co/uIcPH2cmAk


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We have produce a guide with answers to the 12 key questions you may have about #domiciliary care. Have a read. https://t.co/bsqUmnkdaU


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Looking for care support organisations? If so look at our directory. #dementia #carers #disability #financial - https://t.co/cjblaTPqFy


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#Equity #Release is an increasingly popular way to pay for care fees. Here are companies that can help you decide. https://t.co/Q4hdDGFJ7H


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Never an easy topic, but have you thought about pre-paid funerals? Here are organisations that can help you. https://t.co/LpkxVmIQX8


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Here's our easy to read guide on #vascular #dementia setting out the key things you or a loved one should know. https://t.co/sAK7yqL4MX


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What kind of support do you get from a home care agency? Our guide will help you choose the right agency for you. https://t.co/9t0A8vlssq


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#Deferred payment schemes are an alternative option to #equity release for many. Our guide explains how it works. https://t.co/jRjHYFVYdc


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Looking at making a will? Use a professional to make sure its done correctly. Here are UK specialists who can help. https://t.co/IOptYjLmeL


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6 great tips on a making a happier you right now. A blog by @TherapyAnywhere. Well worth a quick read. https://t.co/5wDUqTuCyw #happy


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Thursday 23 February 2017

We are building a directory of UK #care related #recruitment agencies. Get in touch if you's like to be included. https://t.co/Vq9Rt4sFdv


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Want to get get added to our directory of organisations that offer care and support. If so, get in touch with us! https://t.co/cjblaTPqFy


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Do you want to work as a care assistant? Have a read of our guide that explains more about the role. https://t.co/9GUqmiqXze


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Really excited that our new book '51 Tips to Help you Live with Dementia' is now available. Have a look. https://t.co/Tz9nMYIpDX


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Looking to understand more about #domiciliary care? Our guide explains what it is and how to find a UK care agency. https://t.co/J6GXUOeaKz


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Read our guide that explains how #frontotemporal #dementia impacts an individual + how to care for someone with it. https://t.co/s8Tk2N0qO7


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Looking for a career in home care? We've produced a guide to help explain what the job involves and career options. https://t.co/3iUJ1ijBKv


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Want to learn more about #domiciliary care, what it is, how it works and costs? We've produced a guide to help. https://t.co/bsqUmnkdaU


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Are you looking for a job in #domiciliary care in #Brighton? @VidaOfficial_ are recruiting. Great pay and perks. https://t.co/XkN5grzCMD


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6 great tips to help you plan for your home care costs - Our guide will help you plan financially for the costs. https://t.co/xu9C6lKNKU


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We've produced a guide to help decide whether Home Care or a #Care Home is the best option for you or a loved one. https://t.co/rwV3pUSgdU


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Looking for homecare in #wolverhampton #walsall #telford? Have a look at @SecureHealthcar and here is why -… https://t.co/CCyVxvd0Yb


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Wednesday 22 February 2017

Are you trying to decide which recruitment agency to use? Read our 11 Tips on choosing the right recruitment agency. https://t.co/BpBjMuQAMV


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A lasting power of attorney for health and welfare will help protect you and your loved ones as you go in to care. https://t.co/cBAhTxox01


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Are you looking for a job in #domiciliary care in #Kingston? @VidaOfficial_ are recruiting. Great pay and perks. https://t.co/DksoJya9FR


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6 great tips on a making a happier you right now. A blog by @TherapyAnywhere. Well worth a quick read. https://t.co/5wDUqTuCyw #happy


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A blog on the pitfalls of a DIY probate + 9 reasons outlining why you should use a professional. @DebenhamsOtt. https://t.co/jD4pMdUJci


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We have produced a calculator to help you work out what your future care home costs will be. Give it a go and see. https://t.co/kYMvwk9GGh


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Do you need a #mobility #scooter? Read our guide that sets out what you should look for when buying one. https://t.co/1hbOEokaGs


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Looking to see how you will pay your care costs? Read about the benefits of speaking to a financial advisor first. https://t.co/4zdGqs5e5d


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NHS #continuing healthcare means the #nhs may have to pay for your care. Read our guide for more information. https://t.co/7bYhWt5LtK


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Follow our 5 step guide to finding a care home and make sure you get the right home for you or a loved one. https://t.co/j3rxmiAfJH


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Have you considered #assisted living as an alternative to home care or a care home? Our guide explains it all! https://t.co/aOlPSXx5mc


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Tuesday 21 February 2017

Looking for a pre-paid funeral provider? Here is our directory of specialists that can help you. https://t.co/LpkxVmIQX8


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Are you claiming all the #benefits that you are entitled to? Our guide gives you the help that you need. https://t.co/2bHrFpBcfx


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You can advertise your care home on our site for only £9 per month. A bargain! Get in touch for more info. https://t.co/aAECGkZmOx


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Is it possible to avoid paying your care home fees? Our guide has the options you can consider. https://t.co/9fI013JaYZ


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Here's a brief guide to #alzheimer's care. https://t.co/UBSgNdMU7v


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A blog on the pitfalls of a DIY probate + 9 reasons outlining why you should use a professional. @DebenhamsOtt. https://t.co/jD4pMdUJci


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A blog on the pitfalls of a DIY probate along with 9 reasons on why you should use a professional. @DebenhamsOtt. https://t.co/jD4pMdUJci


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Our guide explains the steps to having a care needs & financial assessment by your local authority. Important info. https://t.co/zxS3yZpxF6


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Deferred payment schemes are an increasingly popular option to pay for your care. Our guide explains how it works. https://t.co/jRjHYFVYdc


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6 great tips on a making a happier you right now. A blog by @TherapyAnywhere. Well worth a quick read. https://t.co/5wDUqTuCyw #happy


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Monday 20 February 2017

Live in care is a popular alternative to residential care. It can be much cheaper. Read about the pros and cons. https://t.co/3covVwcpNM


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Our directory has thousands of UK care homes to search if you are looking for a home for you or a loved one. https://t.co/Knv3nIcrNA


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Really excited that our new book '51 Tips to Help you Live with Dementia' is now available. Have a look. https://t.co/Tz9nMYIpDX


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Pls RT. Here is today's #health and #care related news in the UK. https://t.co/pR1MpT3SCA


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#Equity release is becoming a popular way to pay for the costs of care. Our guide explains the pros and risks. https://t.co/vD5qj9aevk


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Are you looking for a career in home care? Our guide explains about the role involves, the pay, and career options. https://t.co/3iUJ1ijBKv


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Looking for homecare in #Cannock #Sandwell #Dudley? Have a look at @SecureHealthcar and here is why -… https://t.co/mATa8IA98G


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Looking for a care home? We have the largest database in the UK for you to search and find a care home. https://t.co/Knv3nIcrNA


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You can't start planning early enough for your care home costs. Our guide will help you do this. https://t.co/S89M7CgLMS


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Care Home or Home Care? Our guide sets out the pros and cons to help you decide on the best option. https://t.co/rwV3pUSgdU


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Making a Will is essential as you head in to care. Here is a directory UK professionals that can help you. https://t.co/IOptYjLmeL


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A blog on the pitfalls of a DIY probate + 9 reasons outlining why you should use a professional. @DebenhamsOtt. https://t.co/jD4pMdUJci


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Pls RT. A summary of the day's main UK care news from leading news sources all in one place - https://t.co/ypW4U5PQtf


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Sunday 19 February 2017

Make sure you claim all the benefits that you are entitled to as you head in to care. Our guide has the key info. https://t.co/2bHrFpjAQX


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5 steps to choosing a home care agency. Our guide will help you make sure you find an agency right for you! https://t.co/Z41jn0CUmb


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The #NHS may be responsible for meeting your care fees. Find out by speaking to a specialist in our #CHC directory. https://t.co/As22Cby0IL


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6 great tips on a making a happier you right now. A blog by @TherapyAnywhere. Well worth a quick read. https://t.co/5wDUqTuCyw #happy


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Pls RT. Here is today's #health and #care related news in the UK. https://t.co/pR1MpT3SCA


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Wondering how you will meet the cost of a care home? Our guide sets out the options you should consider. https://t.co/HOXF2dzBFJ


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Looking for information about #alzheimers care? Here's our short guide setting out the key things you should know. https://t.co/UBSgNdMU7v


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Have you made a will yet? If not, we recommend you read this guide explaining why its important to do so. https://t.co/yutPv8MKip


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Are you paying for your care? If so, have you found out if the #nhs has a responsibility to pay? Read our guide. https://t.co/7bYhWt5LtK


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Looking for a #job? We are building a directory of UK #recruitment agencies you can contact for a job. Have a look. https://t.co/Vq9Rt4sFdv


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Confused by the range of options when it comes to paying for care? Here's a directory of advisors that can help. https://t.co/1azAs6mNxj


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Pls RT. A summary of the day's main UK care news from leading news sources all in one place - https://t.co/dvHHHa6VbX


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Saturday 18 February 2017

Are you looking for a #domiciliary care agency? Follow our 5 step process to help you find the right agency. https://t.co/Z41jn0CUmb


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A blog on the pitfalls of a DIY probate + 9 reasons outlining why you should use a professional. @DebenhamsOtt. https://t.co/jD4pMdUJci


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Instead of going in to a #care home, have you considered live in care? Our guide sets out the benefits. https://t.co/3covVwcpNM


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#Assisted Living is becoming a popular alternative to a nursing care home. Our guide sets out all you need to know. https://t.co/aOlPSXx5mc


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Pls RT. Here is today's #health and #care related news in the UK. https://t.co/pR1MpT3SCA


from Twitter https://twitter.com/UKCareGuide
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6 great tips on a making a happier you right now. A blog by @TherapyAnywhere. Well worth a read. https://t.co/5wDUqTuCyw #happy


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Does your organisation offer help & support? If so, get added to our support organisation directory. Get in touch. https://t.co/cjblaTPqFy


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A lasting power of #attorney for health and welfare is essential as you go in to care. Read about how it works. https://t.co/cBAhTxox01


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Never an easy topic, but have you considered pre-paid #funeral plans? Our guide explains how they work. https://t.co/qO97NS3pGj


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Our guide on the 3 key areas a #financial advisor can help you with when it comes to paying for your #care. https://t.co/4zdGqs5e5d


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A lasting power of attorney for property & financial affairs will help ensure your assets are protected. Important. https://t.co/ND6o3T4Sw5


from Twitter https://twitter.com/UKCareGuide
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6 great tips on a making a happier you right now. A blog by @TherapyAnywhere. Well worth a quick read. https://t.co/5wDUqTuCyw #happy


from Twitter https://twitter.com/UKCareGuide
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Pls RT. Here is today's #health and #care related news in the UK. https://t.co/pR1MpT3SCA


from Twitter https://twitter.com/UKCareGuide
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Pls RT. A summary of the day's main UK care news from leading news sources all in one place - https://t.co/pHP3HnMqEw


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Friday 17 February 2017

How do you work out what your care home costs will be? Our guide answers all the key questions you will have. https://t.co/kYMvwk9GGh


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Getting your Lasting Power of Attorney sorted before going in to care is vital. Here are people that can help you. https://t.co/As22Cby0IL


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Are you looking for a care home? If so, we have produced a guide setting out the 5 steps you should take. https://t.co/j3rxmiAfJH


from Twitter https://twitter.com/UKCareGuide
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A blog on the pitfalls of a DIY probate + 9 reasons outlining why you should use a professional. @DebenhamsOtt. https://t.co/jD4pMdUJci


from Twitter https://twitter.com/UKCareGuide
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Really excited that our new book '51 Tips to Help you Live with Dementia' is now available. Have a look. https://t.co/Tz9nMYIpDX


from Twitter https://twitter.com/UKCareGuide
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Pls RT. Here is today's #health and #care related news in the UK. https://t.co/pR1MpTltu8


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Our helpful guide sets out the key reasons and symptoms behind what causes #vascular #dementia https://t.co/sAK7yqtton


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Did you know there are 6 main ways in which you can pay for your care? Our guide gives you the pros + cons of each. https://t.co/kDyWxf4yYI


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Know any organisations that offer care and support? If so, see if they want to be added to our FREE directory. https://t.co/YPoTlrRNIN


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