Elderly Care
Wills & Probate
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Elderly Care Issues
What do I pay if I require residential care?
If a person’s assets are valued at less than £14,000, none of those assets will be considered when calculating how much is needed to contribute to the cost of care. In this case, the costs of care will be provided for.
When the total assets are between £14,000 and £23,000, you will need to contribute to the costs of care until assets are reduced to £14,000.
If the value of assets exceeds £23,000 you will need to cover the whole costs of care.
If your home is taken into consideration the Local Authority will place a charge on your property so that they can recover the monies due to them once the property is sold. In some circumstances, they may insist the property is sold immediately.
Is there a period where residential property is not considered for Community Care Fees?
The client’s residential property is not considered for the first 12 weeks of a permanent stay or if the house is occupied by:
- The spouse or civil partner
- A relative aged 60 or over
- A disabled relative
- Child under 16 and the resident is liable for their care
Other capital assets not taken into consideration include:
- The surrender value of a life policy
- Personal possessions
What can I do to protect my property if I was to go into a care home?
It is common for couples to own their property as joint tenants, this means when one of the parties dies the property automatically passes to the survivor. The surviving person will own the whole property, if they were to go into a care home the whole value of their property can be used to pay their fees.
You can change the ownership of your home to tenant-in-common, with this in place the partner to pass away first can leave their share of the property to whoever they like such as children or it can be placed into a trust to allow the surviving partner to continue to have the right to live in the property for life. If in the future the surviving partner needs residential care, they will only be assessed on owning a half share of the property to pay their fees.
Does the NHS contribute to care home fees?
The NHS still plays a part where a client requires medical treatment and residing in a care home. The NHS may contribute £101 per week to cover the care fees, but each case is assessed individually.
Can I give away my assets to my children?
It is common for family members to be gifted money and assets at any stage of their life. However, if a gift or transfer of assets occurs and an individual expects they may need care and support in the future the Local Authorities may investigate. This is known as the deprivation of assets, a person intentionally depriving themselves or decreasing their assets to reduce the amount they will be charged in residential care.
Are you going into residential care and need legal aid?
We can provide a friendly and efficient service to assist you with these sensitive matters. Call us today on 0161 798 9000.
