Deputy Orders and Immediate Care Plans

A few days ago I came across a client who was no longer capable of making decisions for himself. As no power of attorney had been set up the Court of Protection had appointed his son as a Deputy under a Deputy Order to manage his affairs.

One of the obvious solutions for funding his care was the purchase of an immediate care plan (sometimes called a care fees payment plan or a care annuity) but both the son and his solicitor were concerned that the Court would not approve of such a plan.

Our experience suggests that these plans are usually accepted by the Court. They are clearly for the benefit of the individual in care in that they provide an income for that persons lifetime. Done properly, that person should never run out of money and so they can keep control of where they receive their care. The fact that they might also protect some of the remaining assets for the beneficiaries is secondary and would usually be in line with the persons wishes anyway.

Posted in The carefeesadvice Blog

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