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Care home fees and my house

View profile for Marcus Parsons
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When your partner faces the prospect of having to move into a care or nursing home it is an emotional and scary time. We often meet with families who are just overwhelmed not just emotionally but also with all the information, they have been given. This guide is intended to help you with some questions that you may have. We hope it goes a little way to easing your worries.

1)         My partner has to go into a care home and I am worried the house we jointly own will have to be sold to pay for the care fees?

The share of the house that belongs to the partner moving into the care home is disregarded for the financial assessment so long as the other partner remains resident. The property can also be disregarded if other categories of people still live in the property.

2)         What is a financial assessment?

This is how the local authority assess your contribution to the care home fees.

3)         My local authority has said I do not need a needs assessment?        

The local authority has a duty to carry out a needs assessment and should not take into account your finances or your level of needs in determining this.

4)         My partner and I own a holiday home is this included in the financial assessment?  

Normally this would be taken into account.

5)         In the financial assessment on my partner do they take my money into account?

No any money you have is not taken into account.

6)         I want to downsize to a smaller property but my partner is in a care home is this allowed or does their share of the sale proceeds have to go to them to be used on care fees?

In such circumstances the local authority should use their discretion to disregard any of the money used by the partner in the care home to purchase the new property but any money of that partner left over will have to be used to pay care fees or is taken into account for the financial assessment.

7)         I have enough money to pay for my care at home but I don’t know how to organise this can I ask my local authority for help?

You can ask the local authority for help in arranging care and they have a legal duty to do this though they may charge a small fee.

8)         Can my dad give me his house before he goes into a nursing home?

No this a deliberate attempt to decrease someone assets to avoid paying fees.

9)         What is a deferred payment agreement?

This is an agreement with the local authority that avoids you having to sell your house for your care, the local authority will put a charge on the property so they can recover the care costs at a later date.

10)       How can I find reports on care homes?

The care quality commission publishes reports on its inspection of care homes and these can be viewed at cqc.org.uk

Our private client team can provide advice on care home fees and general elderly client matters. We offer appointments face to face, by telephone or Zoom. Call us on 01233 665544 and ask for Louise who will be able to answer your initial questions or alternatively email Louise on LXB@kingsfords.net

Further information

This information sheet is intended to be for general guidance only and is not a substitute for specific advice. It is based upon our understanding of the applicable rules as at March 2021 and may be affected by subsequent changes.

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