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Fair Deal Advice Blog

Fair Deal Ireland Nursing Homes Support Scheme Guide – When Do You Need A Care Representative and How to Appoint One

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.

Fair Deal Ireland Nursing Homes Support Scheme Guide
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.

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Based on 28 reviews
Mary Collins-Smith
Mary Collins-Smith
2022-11-25
We contacted Tom for advice on my mothers care when my sister and I traveled to Ireland to visit our mother who was waiting to be discharged to a Nursing Home from CUH. His advice was thorough and he was able to assess my mothers financial needs very quickly. His expertise, follow up, and professionalism were highly evident. Tom sees things through and he takes his professional role seriously. We will continue to refer to Tom on my mothers loan application process for her care. I am relieved to have found someone like Tom to help us navigate the nursing home process. A million thanks, Tom for all your help! I am happy to know you.
Mary O'Driscoll
Mary O'Driscoll
2022-09-19
Tom is exceptional. His calm, reassuring expertise and ability cuts through the mind numbing complexity of the Fair Deal and supports when you are making difficult & heart-breaking decisions. Our Dad had died unexpectedly just days after our mother had transferred in an emergency situation into full-time care. Thus, the original Fair Deal application was null & void. We were dealing with grief, anxiety over our mother’s care and dread over how her care would be funded. After one discussion with Tom, a weight lifted off our shoulders and we had a clear approach to manage our revised Fair Deal application. If I had known of Tom’s existence, I would have persuaded my Dad to have spoken to him years ago. He would have put my Dad and all of us on the best financial pathway to not only provide the best care for my mother but would have removed the dread and fear that my Dad felt, believing he was going to lose everything trying to fund my mother’s care. My advice would be to contact Tom years in advance of needing care funding; ask him to do a Fair Deal financial assessment and create a financial plan. You will sleep better at night!
Jim Dore
Jim Dore
2022-08-26
I was directed to Tom by my attorney in July, regarding my mothers accelerated need for full time care. Living overseas and not knowing what I didn't know, Tom was a phenomenal resource to help me understand the ins & outs of the long term care options. It is by far the best investment one can make before proceeding down this path, absolutely invaluable advice & insight. Not cheap but you certainly get what you pay for - from the moment I reviewed everything with Tom, I had a huge sense of relief about the process.
Bastable-Warren Irish-Dancers
Bastable-Warren Irish-Dancers
2021-04-27
I have had the privilege of using the service on 2 separate occasions and I can honestly say that it was the most professional service I received in the area of providing advice around that fair deal System run by the HSE. The cost of the service was more than out weighed by the savings accrued as a result of Toms expertise and advice throughout (several thousand euro in savings) We were so lucky to have an expert such as Tom who provided information, expertise and most of all personal advice during the entire process and cannot thank him enough for his support and assistance.
Brian Mac manus
Brian Mac manus
2021-04-27
Tom Murray Fair Deal was a huge help to us. He guided us the whole way through. His advice is impeccable. He responds to phone calls and e mails immediately and produces documents almost in real time. I could not emphasise too strongly the help Tom provided. Worth every penny. Thanks Tom.
Bernie Walsh
Bernie Walsh
2021-04-26
I contacted Tom for advice regarding the Fair Deal Scheme as my mother required full time care in a nursing home. Tom's expertise and advice was invaluable. He made the whole daunting process very easy. He had a list of required documents (some that I didn’t know I would need). He took the pain and worry out of the whole process and put my mind at rest. I cannot recommend Tom and this service highly enough. I consider this to be money well spent. Thanks Tom.
Tracey Moloney
Tracey Moloney
2021-04-23
Once you make the first call to Tom regarding the Fair Deal Scheme , he makes it all very easy to understand and navigates you easily through the process. The thought of Fair Deal can be daunting for any family but with Tom's assistance and knowledge of the scheme it was an easy process.
Kieran Boyle
Kieran Boyle
2021-02-11
Excellent advice, very professional
Liz Lyons
Liz Lyons
2020-11-10
We contacted Tom with regard to my parents needing Nursing Home care and the Fair Deal process. Tom's advice was absolutely invaluable to us and without his help we wouldn't have been able to get through this daunting and difficult process. We can't thank him enough for his advice and support and would have no hesitation in recommending him.