Fair Deal/Nursing Homes Fair Deal - Care Representative

[JimmyB99]

Previously, where an old person had lost capacity, one could become a Care Representative (via the Courts) which enabled the Representative to apply for the Nursing Home Loan on behalf on the Resident.

For new Fair Deal applicants, the Care Representative has been replaced by a Decision-Making Representative (under the 2015 Act).

My question is if someone who was appointed as a Care Rep previously can once again act in this capacity - i.e. is the Care Rep order still valid. [The circumstances are that the Care Rep was put in place to secure the NH Loan in respect of Spouse A and now, Spouse B is going to a NH and Spouse's A consent is required in relation to the new NH Loan for Spouse B].

 

[Des Pondent]

Spouse B is going to a NH and Spouse's A consent is required in relation to the new NH Loan for Spouse B].

I don’t know the answer to your specific question but the sentence below from page 29 of the F/D application form appears to suggest that consent from all owners is not always needed for the HSE to register a charge against the property.

‘’The absence of prior consent in writing of a joint owner does not render void the making of a charge in favour of the HSE.’’

https://assets.hse.ie/media/documen..._Application_form_and_support_information.pdf

 

[JimmyB99]

Thanks Des,

Admittedly, I don't understand what the bit in bold above means in practical terms!