Lasting power of attorney and dementia
A lasting power of attorney (LPA) is a legal document appointing one, or more, trusted people to be someone living with dementia's attorney.
Our dementia specialist Admiral Nurses explain what the care needs assessment is, what will happen, and why a person with dementia will also need a means test to decide what financial support they might be eligible for.
A care needs assessment (sometimes just called a needs assessment, or in Northern Ireland, an assessment of need) is a free assessment by Social Services that looks at the support a person with a physical or mental health condition or disability needs to manage their everyday life.
Having a needs assessment will identify what equipment, care and other support a person with dementia might need to help them with daily living activities. This could include:
Following a needs assessment, the person with dementia will usually have a financial assessment to establish what financial aid they might receive to fully or part-fund the cost of their care and support. However, the process may differ depending on which UK country you are in and the type of care required. You should be told about next steps after the needs assessment.
Needs assessments are free and anyone can request one. You will need to apply for an assessment via the local council’s Social Services Team. You can usually apply for a needs assessment by phone or online.
If you would like to apply for a needs assessment for someone else, you can do so with their consent. If the person lacks the mental capacity to request an assessment or give their permission and you think it is in their best interests, you can still request one on their behalf.
Needs assessments are carried out by a social care professional such as a social worker. They will usually visit the person at home, although sometimes an assessment is offered by phone or online (self-assessment). If you think a face-to-face assessment is more appropriate, you can request this.
During the assessment, the assessor will ask questions to find out about:
It is important to be very specific about the person’s needs. Even small things that you might think are less important – for example, difficulty putting their shoes on – will help the assessor build a picture of what support the person needs.
If possible, the person with dementia should have someone with them during the assessment. They can help them communicate how they are managing their daily life and may have noticed things that the person themself has not.
Before the assessment, spend some time thinking about your needs or the needs of the person you care for. Social Services should provide information in advance about what the assessment will involve and the areas they will ask about.
Think about what sort of practical help the person needs, for example how they manage:
Also think about the person’s cultural, religious and social needs, for example:
Be as specific as you can, and do not downplay the person’s needs – base your answers on what happens on a bad day, not a good one.
Independent Age has a useful checklist to help you prepare for the assessment.
Following the needs assessment, the assessor will consider:
If the person meets all three criteria, the assessor will produce a care plan for the support they need. This could include things like mobility equipment, home adaptations, meals on wheels, care at home, access to day centres and lunch clubs, or a move into a care home.
At this stage, you will not be told whether the local council or, in Northern Ireland, the Health and Social Care (HSC) Trust, will fund any or all this support.
If the assessment concludes that the person does not have eligible care needs, the council should still provide information about other support they might be able to access in the community.
If you disagree with the results of the assessment or how it was carried out, you have the right to complain. In the first instance, you should contact the local council, following the complaints procedure on its website. If you are unsatisfied with the outcome, you can escalate the complaint to the Local Government and Social Care Ombudsman in England; the Public Services Ombudsman in Wales; the Scottish Public Services Ombudsman in Scotland; or the Northern Ireland Public Services Ombudsman in Northern Ireland.
If the needs assessment concludes that the person has care and support needs, they will usually then have a financial assessment to look at what, if anything, the local council or HSC Trust will pay towards their care. It is often called a ‘means test’.
Following the results of the care needs assessment, the person with dementia will be sent a form to complete about their finances. They will need to provide proof of:
Many councils require the form to be completed within 14 days.
Because the person with dementia will need to provide evidence of their financial circumstances, it is important to start collecting these documents as soon as possible.
Each council has its own list of what evidence it needs, which will be provided with the form, but it typically includes:
Each local council has its own means test form. Make sure you read any instructions before completing it and gather all the evidence that is required.
The means test looks at the finances the person with dementia holds in their own name, and not the finances of their spouse or another person who cares for them. If the person holds joint accounts, only 50% of the funds in these accounts should be counted.
The person with dementia can have help with filling in the form, for example from a family member, friend or independent advocate, but they must sign it themselves. If they do not have the mental capacity to sign it and they have nominated a power of attorney, their attorney can sign on their behalf.
Once the form is completed and the evidence gathered, you will need to submit it to the council by email or post.
Following the means test, the local council will write to the person with dementia to tell them how much they will have to pay towards their care. Most people will need to pay at least some of the costs, on a sliding scale depending on their income and savings. People who have savings above a certain level will not receive any financial support from their council. The council will tell you what the threshold is.
If the local council will contribute to the cost of care, this is known as a ‘personal budget’. The person can use this in one of three ways:
It is a good idea for the person with dementia to have a needs assessment. Even if you do not think they require care, the assessment can still help to identify support that might make life easier, such as assistive living equipment or help around the house, for example from a cleaner or gardener.
The local council should tell you what other help might be available in your community, such as support groups.
If you think the assessment was conducted wrongly or you disagree with the result, you can make a formal complaint to the council. You should follow the complaints procedure on its website, which you should also have been told about at the time of the assessment.
Yes – it is a good idea to have someone with you. This could be a family member, friend or carer. They can help you explain what you are finding difficult and may have noticed things that you have not.
If you do not have anyone who can be with you and you have difficulty understanding others or cannot speak for yourself, the council has a responsibility to provide someone to support you.
The care needs assessment always comes first, as this establishes what care a person needs (their care plan). The means test then looks at what funding might be available to meet those needs.
If you are eligible for financial support, you can use the funds towards anything on your care plan. This could be home carers, access to a day centre or care home fees, but also other things that help you manage daily life, such as a cleaner, gardener or taxi fares to appointments.
This depends on the individual, how much evidence they have to gather, and how long it takes to collect it. Check if the council has a deadline for submitting the form, as some charge a fee for late responses.
The means test will take into account income from things like work, renting out property and trust funds. However, certain disability benefits may not be taken into account. It is important to make sure you are claiming all the benefits you are entitled to as the assessment will assume you are getting them and may overestimate your income if you are not.
You will have to declare how much money you are receiving from any pensions, which will be counted as part of your total income. However, half of your pension will be disregarded if you are giving it to a partner who lives with you.
Giving away money or other assets intentionally to avoid having to declare it in a means test is not allowed. This might include giving someone a cash gift, transferring your property to another person or giving up your right to a workplace pension.
If the local council believes you have intentionally given away money or assets to avoid paying for care, the value of what you gave away might still be included in the means test, as if you still had it. This might mean you have to pay more towards your care than you can afford.
If, as a result, you end up owing the council money, you (or the person you gave the money to) could be taken to court to recover the costs.
A lasting power of attorney (LPA) is a legal document appointing one, or more, trusted people to be someone living with dementia's attorney.
An Advance Care Plan helps you plan your decisions about future care - read our guidance and download our Advance Care Planning template.
Some people with dementia qualify for NHS continuing healthcare (CHC) funding to meet the costs of some of their care needs, but the application process isn’t always easy. Here, we explain the facts you need to know about CHC and guidance from our dementia specialist Admiral Nurses.