In Ireland, the Nursing Home Support Scheme designates a "specified person" who can act on behalf of a person who lacks decision-making capacity and cannot apply independently. The specified person can make applications, collaborate with HSE authorities through the care needs assessment, or appeal any decision of the HSE.
This blog provides a comprehensive overview of the Fair Deal Scheme arrangement, enabling families to make informed decisions when placing their seniors in nursing home care.
Eligibility of Specified Person —Nursing Home Support Scheme Ireland
The designated person must understand their serious obligations. Occasionally, the person's obligations persist throughout the lifetime of the person living in care. These obligations may include re-evaluating their finances or estate in the event of a change in circumstances, selling property, or taking out a nursing home loan. Below is a detailed outline of the relationships identified by the HSE as suitable to be a :
- In relation, a specified person can be any of the following:
◦ Ordinarily residents in the State
◦ Husband, wife or partner
◦ Biological or adopted child over 18 years of age
◦ An IMC-registered doctor or nurse
◦ A social worker recognised by Irish authorities.
The Principles of Nursing Home Support Scheme in Ireland for Specified Persons
Details on page 18 of Section 2B (second part) of the Fair Deal Scheme application form outline the legal authority of a “specified person” to act on behalf of another applicant when they meet the core principles of the scheme— ”acting in good faith, for the benefit of the person who needs nursing home care.”
In most cases, specified persons must not become the cause of any “restrictions” or obstructions to the nursing home resident’s freedom of action or general rights. Throughout the process, the care recipient’s dignity, bodily integrity, privacy, autonomy, and their first right to control their financial affairs and property must be respected.
Specified persons, even though they have access to the assets and finances, must live by the preferences of the nursing home resident, based on their past and present preferences of a legal will. While "working on behalf" should be proportional and limited as long as the person under care is not capable, the final decision should always be based on the person's conscious wishes and feelings.
Assisted Decision Making (Capacity) Act 2015
Much of the Nursing Home Support Scheme Ireland followed the original Nursing Home Support Scheme Act 2009 guidelines until the introduction of the Assisted Decision Making (Capacity) Act 2015 in late April for the Nursing Home Loan scheme.
Earlier, as per the “care representative order,” Fair Deal Scheme applicants’ family members could appoint a care representative to sign the loan application and consent to place a charge on the family home. Families had to apply to the district court directly or via a solicitor to get through. This was particularly the norm for families that did not have an Enduring Power of Attorney in place. This new act replaces the old act, not an amendment, and functions as the "Decision-Making Representative Order," simplifying the process for families to take action.
Consult a Fair Deal Scheme Advisor to Streamline the Process—Do It Before You Apply for Best Solutions
The application form for the scheme has also changed, growing from 22 to 36 pages now. With so many minute guidelines, principles and timelines to follow, it makes all the sense to consult a Fair Deal Scheme expert to offer their wisdom and knowledge to secure the best interests, personalised for the nursing home resident and their families. It makes all the sense to talk to the experts before you apply for a scheme for the best solutions.
No comments:
Post a Comment