Moving to Spain Guide – Chapter 16 – When We Need Support
Contents
General Information
Social Care
Carers
Benefits
Representation – Power of Attorney
Remain in Spain or go back?
Dying in Spain
Obtaining assistance from your home country
General Information
We all hope for a long and healthy life. Indeed, perhaps the reported health benefits of living in the sun are a factor in our decision to emigrate in the first place. The reality though, is that many of us will lose some degree of independence or capacity as we age, maybe through declining health or even an accident. This can impact on finances if we are unable to continue to work or pay for support services. Organising and managing care can be complicated, especially in Spain if you do not have a reasonable level of Spanish to communicate, you do not have the resources to pay for care when state provision is either not available or is less than you need and you have no-one to help you navigate the systems.
Age in Spain has a long history of helping people as they become older or infirm. Sadly, we are regularly contacted by people who came to Spain thinking they had everything well planned and would live comfortably in Spain for the rest of their life, yet find themselves in a downward spiral of isolation, ill-health and financial hardship – and with no-one to turn to. It really can happen to anyone. Therefore, we begin this section with a warning.
Warning!
The challenges that can be experienced when getting older or becoming ill are very real. Loss of independence is all the more difficult for those living in Spain who cannot communicate in Spanish, have no family support to fall back on and who are not fully integrated into their local community. We strongly advise you to plan future eventualities taking these points into account:
- Spanish care services vary greatly from area to area.
- Every region is different.
- Great care is needed to fully research the availability of both state provided and private care services when planning your move to Spain, so that you understand what is available in the area where you plan to live.
- The availability and type of residential and community care can be very different from that in your home country.
- One cannot presume that the care services and support is the same in Spain.
- State provided residential and community care services are under enormous pressure to meet demand.
- Waiting times for an assessment and then to receive any state care you are entitled to, can be very lengthy.
- You might have to make a financial contribution for care and you might need to fund your own care whilst waiting to be assessed.
What is your plan if you need to wait for two years or more for a bed in a care facility or for a support worker? Or you are caring for your partner and fall ill yourself? Will you be able to fund private care services for as long as you need them? Who will organise your care if you lose capacity to do it yourself? If you are not a Spanish speaker – be prepared to be required to bring an interpreter with you when accessing state care services.
Most importantly, consider the effect of illness or infirmity on your finances if you are unable to continue to work or pay for support services.
Whilst we cannot predict the future, careful consideration now of the ‘what ifs’ can help to inform choices. They just might make the difference between managing or not in the future.
Some of the changes in circumstances which can occur include:
- ill-health due to a sudden accident or any deteriorating condition
- becoming a carer for a partner or dependent family member
- losing a partner, or your relationship changes, for example divorce
- losing mobility, sight or hearing
- losing mental capacity
- cost of living changes in comparison to future income and savings (especially for fixed incomes such as state pensions)
- having to pay for additional support – such as equipment, care, transport, medication that may not be covered by your healthcare provider
When considering your move, there are some basic things to think about in relation to possible long-term needs. For example:
Where you choose to live – how near are local amenities such as shops, medical centre, dentist, optician? What about public transport, if you don’t or can no longer use a car? Is your prospective home on a hill that might be difficult to manage for someone with mobility issues?
Access to and inside your home – how is the access, are there steps, how near to your front door can a car or taxi get? Is it possible to make adaptations for a wheelchair, mobility aid or stairlift if ever needed? What are the interior and exterior floor surfaces made of – if tiles, how slippery are they, would they be a possible future hazard? If your home is not on the ground floor, does your building have a lift, or will you have to navigate stairs?
Communications – do you use a mobile phone and/or computer? If not, consider getting used to it now. It can help you stay connected wherever you are. Many services in Spain are accessed online today. Can you get a reasonable phone signal and internet in your chosen location?
Language – do you speak Spanish or plan to learn? Will you need to pay for translation and interpreting for basic administrative tasks in managing your affairs? Most public services require you to communicate in Spanish. In some areas there are limited English-speaking support services, and whilst others might spend the extra time with you to communicate through translation apps on your smartphone, public services are under pressure and some require you to speak Spanish or bring someone with you who does.
Social support – you may currently live with a partner/family. You may be employed or bringing up children and have enough social contacts for your needs. If that changes in the future, will that change your social support needs? How important is it for you to have neighbours nearby, a local community that you can get involved with? What clubs and societies are there in your chosen locality? Are they Spanish-speaking or are there English-speaking ones too? Should you try and immerse yourself completely into a Spanish environment, one that is English-speaking, or a mix of the two?
In some areas, you can find a wide range of resources in English, including press and radio, which are a quick way of finding out what’s in your area. Voluntary groups play an important role in offering social and volunteering opportunities. They depend on volunteers to help provide their services and support, so giving your time as a volunteer can be a valuable way of using your skills and experience whilst making new friends and building a new social life. There are lots of online groups too, which you can search for by locality and interest area.
Social Care
In Spain, it is generally expected that your family (including extended family) will take an active role in providing or organising any necessary care, or that you will have the economic resources to arrange your or your dependant’s care privately. If you want to access state-provided social care in Spain, you can expect a social worker to explore these options as a priority.
In terms of state-provided care, access to some services may be automatic, such as a visit from a social worker. Access to other services will depend on meeting eligibility criteria, such as a minimum period of residence, economic requirements or both. Responsibility for social care is devolved to each of Spain’s autonomous regions and then delivered at a local level. You should check the services and benefits available in your area, the eligibility criteria for these and the documentation required to prove your entitlement. You, or your representative, will generally need to submit any application for support through your local social services department, which is usually located within the town hall (Ayuntamiento).
At a national level, the Ley de Dependencia (Dependency Law) sets out how people with reduced autonomy across the country can access certain services, such as financial support. To access these services, you must have legally resided in Spain for 5 years, 2 of which must be immediately before submitting an application. You must also complete an assessment process. Applications for support under the Ley de Dependencia, will also generally start through social services at your local town hall.
Be prepared to have to communicate in Spanish!
For all social and healthcare services, especially with assessments, you will most likely need to be able to communicate adequately in Spanish or to have an interpreter. Professional staff do not wish to take risks through miscommunication and many services will require you to have an interpreter present before they will see you. An inability to communicate properly may also result in you missing out on services because you cannot adequately express the extent of your needs due to your language barrier. Be aware that once eligible to apply for state support under the Ley de Dependencia, there may be a waiting list for an assessment.
Carers
If you are a carer or become one, you might find that simple daily living tasks like shopping or going to a doctor’s appointment become difficult to manage in practice, let alone getting some time off from caring. Respite and back up – for you and the person you care for – can become problematic wherever you live, especially if you live in an isolated area, you do not have a support network and/or you cannot communicate in Spanish.
Benefits
Your home country’s state benefits system may be very different from what is available in Spain. Do not assume that once you become resident in Spain, you are going to have the same access
to financial support to help manage any disability, mobility and/ or attendance needs. If you already receive benefits in your home country before you move, check whether you will continue to receive them when you live in Spain. Also check whether there are reciprocal arrangements for them with Spain or what you might be entitled to under the Spanish system. Benefits you receive can also impact on your tax status. Whilst you might be entitled to benefits tax-free in your home country, the Spanish tax system might include them in assessing your total income and you may be liable to pay tax on them in Spain.
In the UK, for example, some benefits may still be paid if the recipient moves abroad while others are not.
For British nationals aged 65+ and resident in Spain before 2021, it is still possible to claim the UK benefit called Attendance Allowance, if you need help with your daily living needs because of physical and/or mental incapacity. There is a similar benefit for people under 65 called Personal Independence Payment and both benefits are a route to a benefit called Carers Allowance for carers of people who receive these benefits.
Representation – Power of Attorney
If you don’t speak Spanish sufficiently to manage your affairs when you are well, consider how you will manage if you lose capacity. Whether or not you speak Spanish, who will take decisions on your behalf in the event that you cannot? This applies as much to everyday living choices as well as big decisions that affect your quality and way of life. What can you do to ensure that you can cover for that possibility now?
A power of attorney is a legal tool that enables you to appoint a representative with the legal power to act on your behalf. There are different kinds of powers that can be granted, so they can be used, for example, for a representative to sign a house purchase contract on your behalf without you having to be present in Spain for the sale. In respect of possibly needing a representative in the future because you lose mental capacity, the purpose is to ensure that if you lose mental capacity (and only then) the person you appoint will be able to take financial and practical decisions (such as your care and living arrangements) on your behalf.
It is vitally important to set up a power of attorney before you lose capacity, you cannot do it once you lose sufficient capacity to manage your own affairs. This is something you should arrange now.
If you already have a power of attorney from your home country when you relocate to Spain, you need to check its legal validity in Spain. If you do not have one already, a Spanish power of attorney can be recognised in other countries. It will need to be certified by an additional process called an apostille which is also done by a notary.
Read more here about how to get a Spanish power of attorney:
Remain in Spain or go back?
In the event that your circumstances change radically, you may consider whether you wish to remain in Spain or indeed whether it is practical to do so.
In deciding whether or not to move back, you need to think through a number of questions including: what family and friends you still have there? Where will you re-locate to? are there re- entry requirements? If you have invested in buying property in Spain and need to sell it to fund your future, how easy will it be to sell without making a loss, especially if time is not on your side?
All these questions cannot necessarily be answered well in advance. Most potential situations may never occur. But be aware! Consider what your options might be in a variety of possible future scenarios, weigh up how they might affect your current choices in moving to Spain, when to do more research and whether to take professional advice.
Here is some helpful information about accessing professional services.
And, for UK nationals, here is our guide to help you think ahead.
Dying in Spain
However much we plan ahead, we have to deal with the inevitable fact that we will die. What can you do now to plan your affairs so that your wishes can be supported and appropriately managed? How can you ensure that any assets you might have are passed on to beneficiaries in the way you wish? How can you ensure that you do not leave behind a burden of responsibility and potential debt? What is the process for burial/cremation if you die in Spain?
Inheritance laws in Spain will most probably be different from those of your home country, so you cannot assume that the system you are used to applies in Spain. Even if you do not have a lot to leave behind, making a will that is legal in Spain, and any country where you might have assets, enables you to make informed choices and ensure that your wishes are made clear.
Obtaining assistance from your home country
The government of your home country may be able to provide you with assistance through their Consular Service.
The UK Foreign, Commonwealth and Development Office (FCDO) can assist British nationals abroad in a range of circumstances. This includes supporting British nationals who have been hospitalised, who are victims of crime, or supporting families when a loved one has died in Spain. However, whilst all requests for assistance are considered, you should not assume the UK government will be able to support you. There are some circumstances where their assistance will be limited or where they will not be able to help. Full information on the assistance the UK government can and cannot provide to British nationals abroad can be found at:
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