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In October 2022 the HSE changed the rules on the FD with regards to renting the applicant’s home.

Up to this point in time the HSE charged 80% of gross rental income as part of the income contribution to care. This left the applicant often in a loss situation as costs such as agents commission, service fees on apartments, repairs and renewals were all expected to be paid from the 20% of the rental income that the applicant was allowed to keep. In situations where the applicant’s qualified for a subsidy it was also reduced by the rental amount. As a consequence very few applicants under the Fair Deal rented their properties as financially it was not worth their while.

As part of the Government’s housing strategy the Housing Minister decided that by incentivising Nursing Home residents to rent out their homes it would help tackle the housing shortage and the % chargeable on rental income was reduced to 40% allowing the applicant to retain 60% of the income which should allow the Resident sufficient funds to pay any costs on the property and make a profit.

So should an applicant or their representatives rent out their home when they are in care. Well initially from a financial point of view it would appear to make sense in particular where a Nursing Home loan is required as it will reduce the amount of loan needed to fund the care and ultimately the amount that has to be repaid from the estate when the applicant passes.

However before one decides to rent the applicant’s home, you need to consider the following.

• • What upgrades will the house require to ensure that it is compliant with the Rental Tenancies Board who regulate the rental sector. Often older persons homes require considerable investment to bring the houses up to the required rental standard. Do the applicant’s have that money available or do they need it to help fund the contribution to care and extra costs that the applicant’s incur when in care.
• • Has the applicant capacity to sign a rental agreement or is their an Enduring Power of Attorney in place whereby the Attorney can sign an agreement.
• • Tenants increased Notice period. Minimum notice periods were increased last May and are likely to be increased further as tenants rights remain a major focus point on the political agenda pursued by all parties. If Sinn Fein form any part of a future Government further longer notice periods will be implemented for sure. Currently Tenants in a house for 12 months are entitled to 6 months’ notice, and with eviction bans in place if they don’t leave you cannot evict them. While this is normally a serious situation for a landlord, for families of applicants in care this can put the estate of the applicant once they have passed in serious difficulty, as often or not the house needs to be sold to repay the Nursing Home loan which must be repaid within 12 months of the applicant passing. With the Revenue collecting the loan on behalf of the HSE, little or no mercy or leeway is given and punitive interest charges will be levied on the estate until the loan is repaid.
• • For estates without Nursing Home loans the distribution of the estate will potentially be delayed as you will not be able to sell the home, normally the largest asset in a estate, until the tenants vacate.
• • Given that the average Resident of a Nursing Home lives for 2.5 years is it worth the expense and risk of renting.

I personally do not believe so as it would appear the majority of residents and their families agree with me as the number of properties released to the rental market by residents in Nursing Homes has so far failed to meet Government expectations.

For further advice on the Fair Deal and options for the Home please contact Tom Murray @ 086 601 5042 or email advice@fairdealadvice.ie or visit our website www.fairdealadvice.ie.

You no doubt like me have heard the smooth- talking radio adverts or seen newspaper adverts offering Life Loan to applicants over 60, whereby you can borrow money against your home for whatever purpose you require and you don’t have to make any repayments during your lifetime. These may seem attractive to persons over 60 who may not have a lot of savings and may wish to buy a car, take a cruise, carry out home improvements, gift money to their children etc., however what the adverts don’t tell you is how they can have a serious impact on your future nursing home care funding if required as well as eroding your estate.

The providers of Life loans don’t seek any repayments during the person’s lifetime but they make their money by charging high interest rates which are charged using compound interest. Consequently, a relatively small loan can grow to a substantial sum owing overtime often virtually eliminating the equity in the home. It is mine and many other professionals I speak to opinion that the persons taking out these loans do not quite understand the implications that taking out these loans will have.

Based on the level of advertising and the associated costs, they are obviously being taken out by a high number of people which is very concerning. I spoke at length on the Joe Duffy show on this subject last year where hearing peoples experience of these loans was very distressing.

Personally, speaking I believe they should be banned by the financial regulator as I feel they are preying on older persons vulnerabilities and are a form of Elder Abuse. If you have older parents or if you hear of anyone considering taking out one of these loans, I would urge you to tell them not to.

While applicants may be told to get legal advice as part of the application process, I actually don’t believe the Solicitors know the full implications of taking out such loans on the applicant’s future and their estates. Solicitors could be setting themselves up for professional negligence claims in the future by the applicants or their families and as we all know ignorance will not be a sufficient defense and the fee earned advising on the loan could be the cause of serious damage to the Solicitor firm and their reputation.

I have listed below the potential implications of Life Loans and in particular how they will impact long term care funding under the Fair Deal.

• • • Most Life Time loans will have accumulated to hundreds of thousands over the applicants remaining life. This will seriously reduce or wipe out the equity in the property.

• • • The HSE when assessing an applicant for the Fair Deal assets will not give any discount on the property valuation for a life loan. A simple example a house worth €500,000 with a Life Loan balance of €300,000 will be assessed @ €500,000 @7.5% or 3.75% depending whether the applicant is single or part of a couple. Thus, the applicant will have to pay an asset contribution of €37,500 or €18,750 and the calculation will not be based on the net equity in the house of €200,000.

• • • The Applicant will not be allowed by the HSE to take out the Nursing Home loan to pay their Property Asset contribution as the Life Loan provider will have a first charge on the property and the equity will continue to be eroded by the interest charged every day.

• • • The applicant most likely took out the Life loan as they may not have had much savings. With the Life Loan most likely spent how is this applicant requiring long term care now going to fund the €37,500 or €18,750 required under the Fair Deal for the asset contribution.

• • • With Life Loan you pay interest on the sum borrowed plus the accumulating interest (compound interest) which is very expensive. Thus, a loan of €100,000 can accumulate to €400,000 over a 15-to-20-year period.

• • • Often the only solution for someone with a Life loan to fund their care is to sell their home, repay the Life Loan and only at that stage will the HSE assess their contribution on the net proceeds if any. If there is a partner still living in the home, where are they going to live?

• • • If the person requiring care has lost their capacity and does not have an Enduring Power of Attorney in place, they will not be able to sign the sales documentation. Thus, the house cannot be sold. How will the care be funded?

• • • From my experience it is often the children of someone who requires care that discovers the existence of the Life Loan. Currently we are mainly dealing with cases where Life Loans were taken out between 2000 and 2009. Their parents having received the annual statements showing the accumulated debt rising each year regret their decision are very stressed about it and are too embarrassed to tell their children. The children are very angry as they are left with a serious financial issue to sort out.

• • I envisage in the future when the current Life Loan applicants starts to need care that their children will question the advice their parents got before they took out the loan. If a Solicitor was involved, the children’s anger could see them or their parent’s estate suing the solicitor for professional negligence for failing to advise their parents of the implication of taking out the loan.

Prevention is often the best cure. I suggest if you have older parents that you warn them about these Life Loans and ask them are they okay for money. If necessary and if you can provide them with financial assistance, or get them to borrow money from their credit union to pay for the item they may need or wish to buy. Many older persons only have the state pension and their home with minimal savings. They are often too proud to ask for help. This makes them easy prey to the Life Loan smooth talking sales teams.

I would appreciate if you would like and share this article and help protect our potentially vulnerable older generation from organization selling these financial products.</p.

If you need advice on Life Loans or the Fair Deal and long-term care, please contact me at advice@fairdealadvice.ie or phone Tom Murray @ 086 601 5042 or visit our website www.fairdealadvice.ie

Due to the impact of the war in Ukraine and the supply issues clashing with increased demand for goods and services Post Covid we have all been subjected to increases in our day-to-day cost of living. These increases have affected everyone and in all aspects of our lives from fuel to food. So, can Residents in Nursing Homes expect to pay more for their care? There are two answers to this question and the answer will depend on whether the resident is a private paying resident or is a resident availing of the Fair Deal/Nursing Home Support Scheme.

Private paying Residents pay fees that are determined by the Nursing Home Operators which they can set at their own discretion. Therefore, with rising costs in the Nursing Home I do believe that private residents can expect to see an increase in their fees.

Resident under the Fair Deal Scheme pay a set contribution based on an % of their income and assets. The weekly rate that they pay this against is set in a contract between the HSE and the Nursing Home and this rate is only increased following negotiations between the Operator and the National Treatment Purchase Fund (NTPF) acting on behalf of the HSE. Any increase in rates will result in the HSE paying additional sums to the Nursing Home and not the resident. So, residents under the Fair Deal should not expect to have to pay additional fees.

The only cost increases that resident under the Fair Deal may expect to pay is for service fees and extras that they may decide to avail of which are outside of the Fair Deal and set by the operator and suppliers of these services.

If you wish to apply for the Fair Deal or need advice on long term care financing, contact www.fairdealadvice.ie by email advice@fairdealadvice.ie or phone 086 6015042.

As you are aware if you run a family farm or business and have a spouse or parent who may own or who may have transferred the farm or business to you less than five years before they needed to go into a Nursing Home, the fair deal scheme has been of little or no benefit to you as the farm or business are assessable resulting in them possibly receiving little or no subsidy and having to pay for the majority if not all of the nursing home cost.

If you are in the Fair Deal, you possibly have had to avail of the Nursing Home loan to help pay for the care which is eroding the equity in the farm or business. This cost may eventually make the business or farm unviable once the loan needs to be repaid.

In October 2021 the HSE changed the rules which will exempt farming and business assets from the cost of care assessment once the applicant is in the Nursing Home for 3 years as long as certain conditions are met. For applicants who have been in care since before October 2021 they can apply for this exemption as long as they apply for a qualifying Successor before the 20th of April 2022. Failure to do this will result in the applicant having to continue to pay a contribution on their farm or business assets for the duration of the person in care life.

If your Partner or Spouse have been in a Nursing Home coming up to three years and you have been paying for their care privately, now could be the right time for you to apply for the Fair Deal to help fund their care.

If you need advice on this important positive change to the Fair Deal rules or help with this application or whether your circumstances will qualify, contact www.fairdealadvice.ie today by phone 086 6015042 or by email advice@fairdealadvice.ie.

In an ideal world long term care is planned and the applicant’s and their family will have explored the Fair Deal scheme and other funding options and taken professional advice as part of this process to decide the best funding options should care be required.

Unfortunately, many persons requiring long term care don’t have this opportunity to pre plan and to get advice as they are often struck down unexpectedly by a health event or injury and are hospitalized.  Due to their increased care needs, long term care may be the only option. Once the hospital has done everything, they can do to stabilize the persons condition the hospital will want that patient moved out of the hospital asap to free up beds for their new incoming patients.

Hospitals employ discharge coordinators/social workers to engage with families to ensure that the patient is moved from the hospital without delay. Families and patients who are often distressed as a result of their or their relative’s prognosis are contacted by the social worker to arrange the patients transfer to long term care. They will often try and get the patient or their family to fill out the application for the fair deal and will pressurize them to do so as they wish to free up the bed without delay.

The social worker is not a financially qualified person and have little or no knowledge of the finances or transactions such as transfers of assets that the applicant may have made within the last five years. Their objective is simply to get the form filled in and submitted regardless of the implications of doing so, on the Patient or their family. Once the form is submitted, they can allocate transitional care funding and move the patient to a nursing home. Once out of the hospital the patient is no longer the hospitals or the social workers problem.

The problems then start to surface for the patient or their family who in many cases don’t even get to retain a copy of the application. Such applications are often incorrectly filled in and have inadequate back up information. The patient or their family will in most cases receive letters from the HSE looking for additional information and in the meantime the application processing is stalled while the HSE awaits detail. Processing times are often doubled due to the poor quality of the submission. Items that’s should have been declared are often missed out and the implications of this will normally arise when the person is dead and their probate is being processed. The HSE discovers assets not declared on the application from the probated assets and seek back payments and refunds of subsidies which will delay the administration and distribution of the estate. Items are often overstated in the application resulting in the patient or their families paying an incorrect higher contribution without realizing it.

We have come across cases which due to the transfer of assets such as farms, house etc. the fair deal application should not have been submitted until the 5-year exemption has passed but has been submitted without the consequences been taken into account. This has resulted in such assets been chargeable for the duration of the applicant’s life which had the application been delayed until the 5 years had been reached these assets would have been exempt.

Should you find yourself in the position that you or your relative needs long term care and the social worker is trying to get you to complete a fair Deal application form we would strongly advise you to not to be rushed, get advice from www.fairdealadvice.ie and ensure that the application is submitted correctly.  Please contact us on 086 6015042 or email advice@fairdealadvice.ie.

The recent amendments to legislation for the Nursing Home Support Scheme/ Fair Deal finally came into effect on the 20^th of October 2021 after been signed into law in late July. The HSE have now issued their interpretation and guidelines regarding the application of these rules.

While the benefits to Farming and Business families have been much publicised in newspapers and articles with regards to the exemption of farming and business assets after three years for qualifying persons, the good news with regards to what can be done with regards to the family home will benefit many more existing and new potential applicants of the Fair Deal/Nursing Home Support Scheme.

When the amended legislation was first signed into law it stated that after three years in a Nursing Home a property can now be sold and no contribution from the proceeds would be sought thereafter.  (Previously selling the property this exemption was lost if the property was sold and the applicant had to pay a cash asset contribution on the proceeds.) This was a major disincentive for residents to sell their homes during their lifetime and has resulted in many unoccupied homes throughout the country owned by nursing home residents.

In the newly issued guidelines, the HSE will now allow a resident to sell their home once their application is approved and they are in care. The net proceeds will be charged as a cash asset until the client is resident in the nursing home for three years after which the net proceeds will be no longer chargeable.

This amendment will free many families up from having to worry about empty houses and how to deal with them and should ultimately speed up the administration of estates once the resident has passed. It should also go a long way to freeing up much needed housing currently lying empty.

While this is good news for many, I strongly recommend that advice is sought before deciding to sell the home as in some cases the properties may not be able to be sold due to lack of capacity of the owners, there may be implications on the persons continued participation/ eligibility for the fair deal, and it will not benefit all residents in particular those based in Dublin with higher value homes.

If you need advice on these changes, please contact us at Fair Deal Advice by phone 086 601,5042 or email advice@fairdealadvice.ie  or visit our website www.fairdealadvice.ie

With the amendments to the Nursing Home Support Scheme finally coming into effect from the 20^th of October 2021 the HSE have now issued an amended application form with an additional section for Farmers and Business Owners looking to avail of the three- year cap. Please find below the link to the new application form.

Aplication Form: https://www2.hse.ie/file-library/fair-deal/nursing-home-support-scheme-application-form.pdf

The additional sections of the application form are found on pages 11 to 14 and contain some explanations of the changes as well as the additional information now required. Interestingly to safeguard the HSE from possible abuse/fraud by applicant and to ensure compliance to the rules under which the amendment works, a charge is created over the business or farm to ensure that the 6-year continuity rule is followed which basically means that the farm or business must be operated for a period of 6 years by the applicant’s family or nominated successor. At the end of the six-year period the charge will be removed once it has been proven to the HSE that the farm or business has continued to be farmed or operated by the family or nominated successor.

These amendments can be confusing and difficult to follow so if you require clarity and advice on these changes please contact Fair Deal Advice by phone 086 601 5042 or email advice@fairdealadvice.ie and we will be able to advise you, if you will qualify for these amendments and explain how they will work for you.

As Covid Restrictions ease and we return to a new type of normality I would ask everyone to make a special effort in looking out for older relatives, neighbours, and friends. We have had a high level of calls over the past weeks and months from persons as young as 68 enquiring about long term care facilities. When we discuss their care needs most if not all have nothing physically wrong with them, are living independently, are driving their cars but are suffering from anxiety, depression, loneliness, and isolation and have lost their self confidence to continue living on their own and go about their daily routines.

While we normally associate Post Traumatic Stress Disorder (PTSD) with members of the Armed Forces, it is my belief that many people in our society in particular older person are suffering from PTSD because of the prolonged isolation and cocooning that they have endured over the past 18 months.

Nursing Homes are not the solution for many of the persons who call us with the above issues and indeed most would not qualify for the Fair Deal as they would not pass the Care needs Assessment.

What many of these people need is company and help from friend’s relatives and neighbours to reconnect with the world around them.

I would ask anyone who may read this article to reach out to your relatives, friends and neighbours and offer them a helping hand so that they can reintegrate into the new type of normality that we now live in. Thankfully many activities such as Bridge, Chess and Active Retirement Clubs are reopening which will help but often it may be asking someone for a Coffee, drink or a Meal that will make the big difference.

Let’s not assume that our relative’s friends and neighbour are okay. Be proactive and help them to continue to enjoy their lives with a little help from their friends. While many have booked counselling sessions most just need to talk to a friend, relative or neighbour to get back on track.

At Fairdealadvice.ie we encourage independent living and when the time come’s and care is required, we are here to help plan long term care and advise on financing long term care through the Fair Deal Scheme and other methods.

If you need our services, please email us at advice@fairdealadvice.ie or call 086 601 5042 or visit our website for further information at www.fairdealadvice.ie.

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The long wait is finally over for farming and business families seeking the Fair Deal Scheme in Ireland now that the Nursing Homes Support Scheme (Amendment) Bill 2021 is finally passed by Mary Butler TD, The Minister of State for Mental Health and Older People. Here’s all you need to know.

What Is the Nursing Homes Support Scheme (Amendment) Bill 2021 And What Does It Mean for Farming and Business Families’?

The effect of this bill will now allow qualifying Farming Families and Business Families to avail of long – term affordable care. The Fair Deal Scheme requires applicants to contribute a portion of their income and assets to fund their Nursing Home Care costs, which added with Government support allows the applicant to enjoy quality nursing home care. 80% of income & 7.5% of assets including property investments and savings are payable on a weekly basis. Previously there was no cap on the Farmland or Business and only the home was exempt after three years.

The Amendment to the legislation will see qualifying families now having to pay the cost of care contribution against their farmland and business for the first 3 years while their loved ones stay under Nursing Home Care. Thereafter the income and cash and investment contributions will continue. This will bring a great deal of financial relief for farming families. Principal Residences can now be sold after three years, and the proceeds will no longer be chargeable. The change in legislation will allow farm and business to stay viable into the future. It will also free up housing stock which will help the address the current shortage of property.

The changes in legislation will not come into effect until October when the HSE will issue an amended Nursing Homes Support Scheme Guide.

Eligibility Criteria for qualifying for the Farm and Business Reliefs under the Nursing Home Support Scheme

The new legislation will not be available for everyone, and certain qualifying conditions must be met. The family must have been involved in the day to day running of the Farm for instance in 3 of the previous five years before the application is made and the applicant is expected to nominate a Successor who must run the farm for 6 years thereafter.

While the bill is passed, the new adjustments will not come into effect until October 2021.

For further information or advice contact Tom Murray at advice@fairdealadvice.ie or phone 086 601 5042 or visit our website www.fairdealadvice.ie.

At long last the changes to the Fair Deal Scheme that will cap qualifying Farming and Business applicant’s contribution on their land and business values to 3 years were finally passed by the Dail and Seanad and signed into Law by President Michael D Higgins last week.

These long-awaited amendment to the Nursing Home Support Scheme Act were delayed for several years by Brexit, Covid and the change in Government.

The changes will bring financial relief to Farming and Business Owners who previously had to continue to pay an asset contribution on their Farms and Business after three years which jeopardised their financial viability and, in some cases, prevented people of availing of long-term care as they could not afford the fees.

The changes will not however apply to all Farmer’s or Business Owners as one must qualify and meet certain criteria to do so. The amendments will not come into effect for 90 days and in the meantime, we await publication of guidelines by the HSE on how the amendments will work and how they can be applied for.

In a further positive development, a further amendment has been passed into law that will allow applicants to sell their home after 3 years in a Nursing Home and the proceeds will no longer be assessable. Previously if a property was sold after 3 years the exemption of the property from the asset assessment was lost. This change is designed to free up housing stock to deal with the housing crisis as it is estimated that there are circa 14,000 empty houses throughout the country owned by Nursing Home residents.

If you wish to find out more information on the above changes and the Fair Deal and how they may impact you now or in the future, please call on 086 601 5042 or email advice@fairdealadvice.ie or visit www.fairdealadvice.ie.

Due to lack of advice when entering the Fair Deal/Nursing Home Support Scheme I estimate that over 90% of all applicants end up overpaying for their long- term care under the Fair Deal Scheme.

These overpayments usually occur in three areas:

• • Not completing the application form correctly and not claiming for deductions that the applicant is entitled to and assuming the HSE assessment is correct.
• • Having submitted the application and gaining approval and funding forgetting about it and not seeking an annual review for reductions in cash assets from funding the contribution to care and other costs that the applicant or their spouse will have incurred.
• • Not availing of taxation savings on the Care fees incurred on an annual basis.

When you hear people say that the Fair Deal took all my Parents/ Relatives money, failure to do the above certainly will not have helped the situation. The Fair Deal is fair. It is not designed to take all the Applicants funds and Assets but the HSE and the Fair Deal Scheme are not telepathic and do not have visibility of your assets reducing. Remember if you do not ask you do not get.

Do not underestimate the complexity of the Fair Deal. When you take out a pension or a mortgage you would normally get advice before taking on the commitment. Nursing Home care regardless of whether you are in or not in the Fair Deal is expensive and is a financial commitment often exceeding that of a pension or mortgage payment each month. Therefore, I strongly recommend that you contact www.fairdealadvice.ie before entering the scheme or if you are planning long term care for yourself or a relative. The advice will save you money from day 1 as you will know how to manage the scheme with our expert advice for the duration of the Applicant’s time in the scheme and long- term care.

If you or your relative are already in the Fair Deal and not doing the above, contact Tom Murray @ advice@fairdealadvice.ie or phone 096 601 5042 or visit www.fairdealadvice.ie today and let us help you save money on yours or your Relatives long term care.

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I know I keep saying this too often that as you age, you should consider taking out an Enduring Power of Attorney. This is vital for you as your nominated Attorneys will be able to make financial decisions on your behalf and access your funds and assets if you are ever in a situation wherein you are physically or mentally incapable of doing it on your own. One such decision and benefit of an EPA is to arrange for long term Nursing Home Care for yourself and to be able to fund it without even consenting to it. If you want to know more about this, you can read my other blog about the Importance of Having a Power of Attorney In Place.

The most significant causes of lost capacity are people suffering from Alzheimer’s, Stroke, Acquired Brain injury or Dementia, and these people can particularly benefit and need Nursing Home care due to their complex care needs. And whenever there is the question of Nursing Home Care in Ireland, there comes the topic of the Fair Deal – Nursing Home Support Scheme. By having an Enduring Power of Attorney in place your Attorney can make this decision for you and ensure you receive the best of care while being able to utilise your finances to pay for it. Many couples have separate bank accounts and do not realise if one of them loses capacity that they cannot access their Partner’s funds if they do not have an EPA in place which can cause significant financial difficulty. It is why an EPA should be one of the most important items to sort out in your retirement planning. I always recommend that at least one of your Attorneys should be from a younger generation to you.

If you do not have a Power of Attorney in place and lose capacity, then a Care Representative Order can be applied for when the Nursing Home Loan is needed to help fund Nursing Home care costs.

What Is Fair Deal Ireland – Nursing Home Loan

As per the financial assessment of the Fair Deal Scheme, the applicant will have to pay 80% of their monthly income and 7.5% of their assets as their contribution towards the care costs of the Nursing Home under the Fair Deal. These contributions are halved where the applicant is part of a couple.

While the income contribution is funded from pensions etc. the asset contribution can be more difficult to pay where property such the home farmland & other non-cash assets are involved as the assessed contribution would normally have to be paid out of funds held in bank accounts which may not be sufficient long term to fund the required contribution to care. In such circumstance the Applicant may apply for the Nursing Home Loan or Ancillary State Support which is whereby the HSE will give a loan charged on the property assets to fund the property asset contribution which is not repayable until 12 months after the death of the Applicant. If the asset is a principal residence, then the applicant will qualify for the 3-year cap, wherein they would have to pay the yearly 7.5% on the property until the Applicant is resident in the Nursing Home for 3 years only. New legislation is due in 2021 which will extend the cap to farmland and businesses if certain criteria is met.

This loan facility is a great option for those who are cash poor but asset rich. To avail of the loan the Applicant must have capacity. If capacity has been lost and an EPA is in place and is enacted, the nominated Attorney can apply as Representative of the Applicant. If no EPA is in place a Care Representative Order will need to be applied for which once issued will enable the appointed representative to take out the Loan on the Applicants behalf.

Who Can Be A Care Representative to Apply for the Nursing Home loan?

Normally a relative or friend would apply to be the Care Representative for someone who has lost capacity and needs the Nursing Home loan to help fund their cost of care. Unlike an EPA the Care Representative Order will only allow the Representative to sign the application for the Nursing Home loan and to make decisions on the Applicant’s care.

The Process of Appointing A Care Representative

In order to become a Care Representative for a Fair Deal applicant who is physically or mentally disabled, you would have to apply to the Circuit Court, with a Notice of Motion and Grounding Affidavit. While a Solicitor is not required, I would recommend appointing one for the process unless you feel you have the skills yourself.

In addition to the application, you would have to present two medical reports obtained from two separate doctors conducting a medical checkup on the recipient of care to confirm loss of capacity.

Finally, if as a non-family member, who is neither a next of kin, the applying care representative would have to obtain an Order of Entitlement from the existing next to kin of the care recipient, if there are any.

The Care Representative Order process normally takes 6-8 weeks, but applications have taken longer recently due to Covid 19 impact on the Circuit Court.