Advice for the Elderly

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.

Our 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. Our 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 you or a third party (such as a relative) can pay the extra costs. Please ask us 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 possible that your medical conditions may entitle you to full NHS funding. Please enquire.

I own my own property. Does it have to be sold to pay for care?

If you have capital of less than £21,250 and you own your property, then the Local Authority must disregard the value of the house for a period of twelve weeks. Please ask us for 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.

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.

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 ask us for more information on this.

I want to transfer my property to my children so I do not have to sell it to pay for care. Is this possible?

Yes, this is possible, but there are a number of legal implications to be considered before doing so. Therefore please ensure you speak to us before proceeding. It may be unwise to give away your home!

My relative has lost mental capacity so cannot make a Will. What can I do?

It is possible to create a Statutory Will through the courts. We can advise you on this area.

For more information, please contact our Wills and Probate team.