Long Term Care planning

 

Most people will be expected to pay towards the cost of their accommodation in a care home from their capital (including savings, investments and property) and income (pensions and benefits etc).

 

Before giving any financial assistance the council will:

 

• carry out a care needs assessment

• look at whether the client qualifies for Free Personal and Nursing Care, then

• carry out a means-tested financial assessment to work out how much financial help the client qualifies for and how much the client pays towards the cost.

 

If you don't qualify your home may have to be sold to pay for your Long Term Care costs, your savings and investments could be wiped out and that any income would be assessed and used towards the cost of your care. Your children and grandchildren could lose their entire inheritance.

Council Approach

 

When a means tested financial assessment  takes place all of the capital assets, including main residence, are taken into account.

 

Only those who have assets below the £14,250 threshold will be entitled to the maximum possible public funding.

 

When assessing eligibility for assistance with care home fees, the council can look for evidence of deliberate, or intentional, deprivation of capital.

Careful Planning

 

"Deliberate deprivation" is the term used when someone is assessed as having given away assets, either income or capital, to avoid using that money to pay for their care or future care.

 

Where they believe deliberate deprivation has taken place, the council can treat the transferred asset as notional capital and assess you as though the asset still belongs to you.

Guidance to councils suggests that the timing and motive behind the transfer should be taken into account when this is being looked into.

Careful planning and expert advice are therfore of paramount importance.

Help

 

Should you or a family member require Long Term Care, we can provide help and advice in relation to a number of issues that could arise.

 

Where a financial assessment is required, we can assist with this and ensure that the correct approach is adopted by the Council or Local Authority and that all the necessary processes are followed. For example, has a Continuing Healthcare Assessment and a Needs Assessment been conducted?

 

When it comes to moving into a home, we can provide advice on the appropriateness of the contract for the placement, and we can continue to liaise with a Local Authority or Council on your behalf if issues arise on the outcome of a financial assessment.

Should you have any concerns at all at what can be a difficult time, we are able to provide help and assistance.

Contact Us

 

Please fill out the form and a member of our team will contact you or call 0800 612 5331.

Aria Legal Limited is registered in England and Wales, Number 11229387. Registered office: Kemp House, 160 City Road, London. EC1V 2NX

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