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Elder law covers the legal issues that commonly affect older people and their families. In Margate, as elsewhere in England and Wales, this area of law includes matters such as wills and probate, lasting powers of attorney, mental-capacity assessments, care and support funding, safeguarding from abuse, housing rights, and access to health-related funding like NHS continuing healthcare. Local public bodies - including Kent County Council for adult social care and Thanet District Council for some housing and local services - play a central role in how law and policy affect older residents in Margate.
Older people and their families often need specialist legal advice because the issues can be complex, emotionally charged and involve both public bodies and private providers. Common reasons to consult an elder law solicitor in Margate include:
- Preparing or challenging a will, or dealing with intestacy when someone dies without a will.
- Drafting and registering a Lasting Power of Attorney to manage finances or health decisions if capacity is lost.
- Applying to, or responding in, the Court of Protection where decisions must be made for someone who lacks capacity.
- Disputes about care-home fees, eligibility for local-authority funded care, or means-testing for care costs.
- Seeking NHS continuing healthcare assessments or appealing decisions about healthcare funding.
- Responding to suspected financial abuse, scams, or other safeguarding concerns.
- Resolving housing problems, including tenancy issues, eviction risks, or adaptations to enable independent living.
- Navigating deprivation of liberty safeguards and related safeguards for people deprived of their liberty in care settings.
Key legal frameworks and local arrangements that affect older people in Margate include:
- Mental Capacity Act 2005 - Governs how capacity is assessed, how decisions should be made for people who lack capacity, and provides the legal framework for Lasting Powers of Attorney and best-interests decision-making.
- Court of Protection - The court that makes decisions and appoints deputies to make decisions about property, financial affairs, and, in limited circumstances, personal welfare for people who lack capacity.
- Lasting Power of Attorney (LPA) - Two types exist - property and financial affairs, and health and welfare. LPAs must be registered with the Office of the Public Guardian to be effective.
- Care Act 2014 - Sets out local-authority duties to assess care and support needs, provide information and advice, carry out safeguarding, and arrange or fund care where eligible. Kent County Council carries out adult social care assessments for people in Margate.
- Deprivation of Liberty Safeguards - Currently used to authorise deprivation of liberty in care homes and hospitals when necessary to protect a person who lacks capacity. Plans for Liberty Protection Safeguards to replace DoLS have been announced but implementation has been delayed - check current status with a solicitor or the local authority.
- NHS Continuing Healthcare - A nationally-funded package of care for people whose primary need is for health rather than social care. Eligibility assessments are undertaken by clinical teams, but legal advice is often needed when funding is disputed.
- Wills and Probate law - Rules on making valid wills, intestacy, estate administration and inheritance tax apply across England and Wales and are central to elder-law planning.
- Housing and Tenancy Law - Local and national housing rules protect older tenants, govern possession proceedings, and determine eligibility for adaptations and sheltered housing. Thanet District Council and housing providers are relevant local contacts.
- Benefits and Entitlements - Attendance Allowance, Pension Credit, Council Tax reductions and other benefits can affect care funding and quality of life. These are governed by national rules but administered locally for some parts.
A Lasting Power of Attorney or LPA is a legal document that lets you appoint one or more trusted people to make decisions on your behalf if you lose capacity, or while you still have capacity if you choose. There are two types - one for property and financial affairs and one for health and welfare. Making LPAs while you have capacity gives you control over who will act for you, and can avoid the need for Court of Protection involvement later.
Capacity is decision-specific and time-specific. The Mental Capacity Act 2005 sets a two-stage test - whether the person has an impairment or disturbance of the mind or brain, and whether that impairment prevents them from understanding, retaining, weighing up information or communicating a decision. A medical or social-care professional can carry out a formal assessment. If capacity is lacking, decisions must be made in the person’s best interests.
If no LPA exists and a person lacks capacity, anyone wanting to manage their finances may need to apply to the Court of Protection to be appointed as a deputy. The court supervises deputies and requires them to follow reporting duties. Court applications can be time-consuming and costly, so planning ahead with an LPA is usually preferable.
Local authorities assess someone’s needs and financial resources to decide whether they must fund care, partially fund it, or whether the individual should pay. Capital and income thresholds under national rules determine local-authority contributions. Many people pay privately if their assets exceed the threshold. Disputes about assessments or charging decisions can be challenged through the local authority’s review and complaint procedures and, if necessary, by legal action.
NHS continuing healthcare is a package of ongoing care funded by the NHS for people whose primary need is health-related. Clinical teams make eligibility assessments using national tools. If a person is denied continuing healthcare but believes their needs meet the criteria, a review or appeal, and sometimes legal advice or representation, can be necessary to secure funding.
You can challenge a will if you have valid legal grounds, such as lack of testamentary capacity, undue influence, or problems with how the will was executed. Alternatively, the Inheritance (Provision for Family and Dependants) Act 1975 allows certain relatives and dependants to seek reasonable financial provision from the estate. These claims are time-limited and usually require specialist legal advice.
Safeguarding duties under the Care Act 2014 require local authorities to investigate and act where an adult with care and support needs is at risk of abuse or neglect. Other protections include criminal law, restraining orders, injunctions, and reporting to police or trading standards. Legal advice can help family members and professionals take the right steps to protect the person and recover assets where possible.
Legal aid is limited for many elder-law matters. It is publicly funded for certain areas such as some community care matters, some mental-capacity and deprivation of liberty cases, and where there are immediate human-rights implications. Many private matters like wills and most private disputes are not covered. A solicitor or advice agency can assess eligibility and advise about funding options, conditional fees or fixed-fee services.
The Court of Protection makes decisions for people who lack capacity, and can appoint deputies to make ongoing decisions about a person’s property and affairs or personal welfare. It is used when there is no suitable LPA in place, or when disputes arise about best-interests decisions, complex asset management or consent to medical treatment. Court proceedings are formal and usually require legal representation.
Look for solicitors who specialise in elder-law related areas such as mental capacity, wills and probate, community care and health-care funding. Check professional credentials, experience, client reviews and whether they are regulated by the Solicitors Regulation Authority. An initial meeting can help you assess expertise, costs and whether the firm is a good fit for your needs.
The following organisations and bodies can provide advice, information and statutory services relevant to elder law matters in Margate:
- Kent County Council adult social services for social-care assessments, safeguarding and local support.
- Thanet District Council for housing queries, council services and local benefits information.
- Office of the Public Guardian for information about Lasting Powers of Attorney, deputies and relevant registrations.
- Court of Protection for information on court applications and deputyship.
- Citizens Advice and local advice centres for initial guidance on benefits, housing and consumer problems.
- Age UK for practical advice, welfare checks, and guidance for older people and carers.
- Care Quality Commission for information on care home standards and inspections.
- NHS clinical teams and local clinical commissioning bodies for continuing healthcare assessments and disputes.
- Solicitors Regulation Authority and local solicitors’ firms for lists of regulated practitioners who can provide professional legal help.
If you or a loved one needs legal assistance with elder law issues in Margate, consider these practical next steps:
- Gather key documents - wills, bank statements, property deeds, care assessments, letters from local authorities or the NHS, medication records and any existing powers of attorney.
- Identify the main issue - planning for the future, resolving a funding dispute, safeguarding concerns, or administering an estate - and prioritise urgent matters such as safeguarding or immediate loss of capacity.
- Seek initial advice from a trusted free or low-cost local source such as Citizens Advice or Age UK to understand your options and whether legal aid may apply.
- Contact a specialist elder law solicitor to discuss your case, ask about fees and funding, and request a written costs estimate. Ask whether they have experience with local authorities and local NHS processes in Kent.
- Keep thorough records of conversations, assessments and decisions, and consider appointing an LPA or making a will if these are not in place.
- If you suspect abuse or an immediate risk, contact the police and your local authority adult social services without delay.
Getting the right legal advice early can protect an older person’s rights, wellbeing and finances. A specialist solicitor or reputable advice organisation can guide you through the local processes and legal options available in Margate.
