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Legislation under section 47 of the Community Care Act states that anyone requiring care will be assessed by their local social services and if that assessment confirms care is required a means test will be carried out, during which you must disclose full details of your assets. These will include property currently or previously owned, whether jointly, or as tenants in common to determine if you or Social Services should pay for care and nursing home fees.
Local government broadly speaking pays your nursing home fees if you have assets of less than £21,000 in England and Northern Ireland (£21,500 in Wales and £20,000 in Scotland).
However if you have been prudent and managed to save for your later years, own your home or have savings it is likely that you will be liable for the majority of your Long Term Care costs.
A Local Authority may exercise its right of investigation to confirm that your home or assets have not been gifted in an attempt at avoiding
Nursing Home Fees (known as Deprivation of Assets). They have far reaching powers to recover any assets disposed of in this way including the right to demand the return of those assets.
There is no one solution to this complex problem for you the individual, rather a combination of Legal and Financial planning. If you require Legal or Financial advice Click Here for further information.
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