MCP Solicitors' Guide To Care Home Issues
Entering a Care Home or putting a relative into a care home can be a difficult time emotionally, without also having to deal with the various practical and legal implications.
MCP Solicitors' team of caring Wills & Probate lawyers understands the issues you are facing and will help you deal with them in the most appropriate way.
Do I have a choice of care homes?
If a Local Authority is funding your care, you do still have the right to choose your care home. However, this does come with certain conditions. MCP Solicitors' Wills & Probate lawyers can talk you through these conditions and help you enter the care home of your choice.
What if the place I choose costs more?
If the Care Home you choose is more expensive than the one chosen by the Local Authority then a third party (such as a relative) can pay the extra costs. Please ask your MCP Solicitors' Wills & Probate lawyer for advice on this.
Can I get any help if I am paying?
If you are paying then you can apply for "Attendance Allowance". This is a non-means tested benefit paid by the Department for Work and Pensions. It is also advisable to speak to your MCP Solicitors' Wills & Probate lawyer to see what else can be done to secure your capital.
I own my own property. Does it have to be sold to pay for care?
If you have capital of less than £21,500 and you own your property, then the Local Authority must disregard the value of the house for a period of twelve weeks. Your MCP Solicitors' Wills & Probate lawyer can help with advice on this to secure more of your assets and provide benefits.
I own the property with my partner. How will this affect them?
Most couples own their property as Joint Tenants, meaning that they each own the entire property. This could mean that the whole value of the property is taken into account by the Local Authority.
However, if you change your ownership to Tenants in Common with equal shares you will each own 50% of the property. Therefore the Local Authority can only take into account your 50% share.
This decision should be made carefully as there are also other implications. For more information please visit the page on Buying Together.
What if I am too ill to make all these decisions?
If you are concerned that you may be too ill to make these decisions when the time comes then you can make a Lasting Power of Attorney, allowing others to make these decisions for you. For more information on this please visit the page on Lasting Powers of Attorney.
What if I have a relative who is sectioned?
If a relative has been sectioned they still have certain rights regarding benefits and assets with the Local Authority. Please speak to your MCP Solicitors' Wills & Probate lawyer who can assist with these issues and the Local Authority.
I need to pay for immediate care and have just sold my home. Can I save some of the money?
There are various methods that can be used to best secure your assets or preserve your wealth. Please speak to your MCP Solicitors' Wills & Probate lawyer for more information on this.
Yes, this is possible, but there are a number of legal implications to be considered before doing so. Therefore please ensure you speak to your MCP Solicitors� Wills & Probate lawyer before proceeding.
MCP Solicitors are especially able to help with this as we are a full-service firm. Your MCP Solicitors' Wills & Probate lawyer can arrange the transfer with our Property lawyers, thereby ensuring you receive the best possible service and advice.
It is possible to create a Statutory Will through the courts and also be given the authority to obtain independent financial advice to ensure that your relative's capital can be preserved to help fund Care Home costs. MCP Solicitors' Wills & Probate lawyers will advise you on this area.
