Our solicitors can help with care home fee planning
Don't leave anything to chance when it comes to care home fee planning for you or a loved one
Here’s how we can help
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Each client and each set of circumstances are unique to the individuals concerned. Our team makes sure the advice you receive is tailored to you.
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We can help guide affected families through this difficult process and are dedicated to delivering clear, uncomplicated, trusted legal advice in an open and friendly environment.
Importance of Care Home fees planning
This is becoming an increasingly important issue for many. People work incredibly hard to build their wealth and own their homes. It, therefore, seems quite unjust that this could all be taken away to fund your care in the event that you require to go into a care home. This can be avoided with something as simple as a carefully worded Will.
Expert legal advice from a trusted source
We take great pride in being able to offer our clients expert legal advice regarding all care home fee planning and the process.
Contact us nowExperienced: Vast experience advising families and individuals across Scotland from a wide range of backgrounds.
Home Visits Available: We offer home visits for those unable to attend our offices. Whatever your situation, we will find the right solution to solve your legal issues.
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Frequently Asked Questions
We can help every step of the way.
It is possible for Wills to be made whereby the first person to die leaves their share to the surviving spouse or civil partner in what is known as a Liferent Trust. This means that the surviving spouse or civil partner can remain living in the home for the remainder of their life without any threat from the local authority. On the death of the second spouse or civil partner the liferent comes to an end. Thereafter, the first surviving spouse or civil partner’s share reverts back to their estate and is directed to the ultimate beneficiaries which are typically members of the family such as children or other family members. This prevents that share from being taken into account in the assessment of care home fees.
There are specific rules regarding giving money away to family members and friends. If you have deliberately gifted away capital to avoid contributing to care fees, the value of these assets can still be included in any financial assessment for care. Without legal input, you may find yourself in trouble with the various rules surrounding deliberate deprivation of capital.
It is a common misconception that a local authority can only look back 7 years as to what you may have done with your capital assets. However, there is no time limit in which the local authority can look back and determine what you’ve done with your assets. When carrying out a financial assessment for care, they can consider steps you may have taken to rid yourself of capital 20 years ago! If they are of the view that you did this with the sole intention of avoiding care home fees, the amount of assets given away can be brought back into your estate for the purposes of calculating your contribution to care.
Supporting families like yours
