Care Home Solicitors

If you need to enter care without any care fee planning and have insufficient funds to pay for your own care then, it could be the local authority who chooses your placement which may not be your preferred option.

If you have capital of more than £23,250 you will generally be liable to fund your own care. We can advise you on what is taken into account in any financial assessment including income and what can be disregarded.

For more information about care fee funding, please click here.

There are a variety of reasons why you must be very careful if you want to make large gifts at a time when you might be in need of care. Gifting assets may be deemed as “deliberate deprivation”. We can explain the risks involved to prevent repercussions in the future.

Unlike the seven year rule with inheritance tax, there is no set period after which gifting of assets is “safe” from being classed as a deprivation of assets. The local authority will carefully look at any such transactions and will look at the reasoning behind this gifting. If they believe that this has been done to avoid care home fees then the onus is on you or your family to prove otherwise.

A common misconception is that if you give away assets more than seven years before needing care, the deprivation of assets rule no longer applies. However, this isn’t the case. Local authorities can investigate your financial history as far back as necessary to determine if you’ve deliberately reduced assets to avoid care home fees.

Certain assets, such as jointly owned property occupied by co-owner or qualifying relatives, may be exempt from care fee assessments. Personal possessions might also be disregarded, but this depends on specific circumstances.

The average long term care is currently around £50,000 per year

Unless you pay for your own care, you will generally rely on financial assistance from the local authority. In some instances it may be necessary for a friend or relative to make a contribution to your care costs.

If your capital falls below £14,250 the council will fully fund any shortfall after taking into account what you can contribute through your income. Depending on the care contract and care provider there could be issues with your care continuing at that care home.

NHS CHC is a funding scheme for individuals with significant health needs, covering the full cost of care. Goughs can help you understand the eligibility criteria and prepare a strong application.

DPAs allow you to defer care costs by using your property’s value as security. This option avoids selling the home immediately, with costs repaid later, typically after the property is sold.