Q&As

Can an elderly client give their property to their children to limit the amount of nursing home fees they will need to pay if that becomes necessary without suffering adverse consequences?

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Published on LexisPSL on 25/02/2019

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Can an elderly client give their property to their children to limit the amount of nursing home fees they will need to pay if that becomes necessary without suffering adverse consequences?

The Care Act 2014 (CA 2014) requires a local authority to assess an individual’s need for care and support.

A local authority (LA) has the right to make charges for services assessed as being required including nursing home fees provided as a result of a care and support needs assessment. Regulations and guidance govern the process of assessments for the purposes of charging. See Chapter 8 and 9 of the Care and support statutory guidance.

Once the LA has placed the assessed person in accommodation, the assessed person is responsible for paying the fees. The LA can charge for the accommodation on a standard rate based on the type of care provided. The person placed in residential care will have their income and capital calculated and will be expected to make payments from this towards the cost of the care home.

An individual’s beneficial interest in any home will be taken into account in ass

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