I’m a barrister, called to the bar more than 30 years ago
People have expressed questions about how and whether residential care costs can lawfully and legally be avoided if proper future financial planning is entered into
I confirm it can. There are lawful exceptions in the Care Act and its statutory guidance and these have been confirmed and upheld in the Courts.
These are the tools that are used by Estate Planning UK in the bespoke products they offer. Every product and policy offered by Estate Planning UK is personally reviewed and approved me, in order that you can be assured of the equality and veracity of our services.
The only inhibition to lawfully protecting your assets is not making the decision to protect them until it’s too late
Mark Reihill
Here at Estate Planning UK we have made it our personal mission to protect all the you have worked for over the years, and to enable you to leave the people that you want to have it rather than the local authority coffers.
Professional bodies, charities and other organisations are repeatedly advising the public that there is nothing that can be done to protect your property and other assets from the ravages of care costs.
THIS IS SIMPLY UNTRUE, MISLEADING AND IS STOPPING YOU PROTECTING WHAT YOU HAVE WORKED HARD FOR.
The is and always has been a completely lawful and legitimate exemption, Ignorance of the care 2014 is no excuse for misleading information. We welcome any person to challenge the legality of our bespoke lawful protections. This Legislation will be changed and if you do not take advantage or the care act 2014 legal exemption now you will miss out.
The Government announced in their Queens Speech that the Law surrounding care costs will be changed and is likely to remove this exemption. It is therefore vital that you act quickly, before these changes are implemented, in order to benefit from the exemptions that currently exist.
We are so confident that our bespoke services will protect your property and assets and will not be subject to challenge that in the event your local authority erroneously does, we will cover all legal costs.
Our legitimate and Lawful exemptions are settled Law. They are not novel concepts. They have been tested in the Courts and approved by Judges and made precedence from as long ago as 2004.
We want every person that could fall foul of your local authority to be protected therefore to allay any fears we will bring a copy of the law and show you exactly how we can protect your home and assets. Without any cost, pressure or obligation
The important thing is that you act promptly. There are only certain circumstances within which your assets can be lawfully protected, and any delay may mean that the criteria to meet those circumstances passes. Once it has passed it is too late.
We are professional company with barristerial oversight our bespoke protections are prepared by in house by qualified lawyers and barristers and we welcome you speaking with them to answer any questions you may have. We do not externalise our services – all are prepared in house.
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Did You Know?
- Average residential care costs now exceed £600 weekly, with average nursing care costs in excess of £800 weekly.
- Without protection, all of the equity in your home (less £23,250.00) could be used to meet those care costs.
- Savings and investments will also be taken into account when assessing an individual’s care cost contributions.
- The threatened “dementia tax” would mean that assets currently not taken into account will be.
- With proper financial planning, you can protect your property and savings from care costs.
- We do not use loopholes that can be subject to later challenge by care providers and councils. We only use legitimate lawful exemptions to protect that which you have worked for.
The annual residential care cost bill to the government is £13,312,000,000.00
Yes – you read that correctly – more than thirteen billion pounds annually.
And if you add in the cost of nursing care it rises to more than eighteen billion pounds.
As is well known, if you own your own home, or have savings of more than £23,250.00 you will expected to pay for your care unless you plan in advance to protect that which you have earned and saved.
Yes – you read that correctly too. You can protect your savings and property from being used to pay for care costs if you plan in advance. That advanced planning is nothing new, and it is nothing novel. It is perfectly legitimate and is settled Law in the Courts. Take the time to read cases such as Derbyshire County Council and others -v- Akrill and others.
So why are some people, professionals, charities, organisations, telling individuals that care costs cannot be avoided?
Why?
We don’t have that answer. But we do have an answer to protection against care costs. You can protect that which you have saved and earned throughout your lifetimes. That which you want to leave to you children and grandchildren.
These protections are not tax loopholes or convoluted schemes. They are legitimate lawful exemptions that exist to protect those who plan in advance. I say again, take the time to read Akrill.
If you take the time to plan in advance, we will protect your assets. If you don’t, your local council will make you pay for you care costs.
Case Study A
“A service user had to pay £207,000.00 to his local Council after being wrongly advised to transfer his property to his wife, following an illness”
Case Study B
“A service user was advised by his Solicitors to sell his home and put the money into a trust for his children’s higher education. That trust was found to be invalid and the monies that were to be used for that education were paid to the Council”
Should You Be Concerned?
“Research today shows that costs being borne by individuals have spiralled, while funding from councils has close to flatlined, despite an ageing population.”
– Daily Telegraph, 20th July 2019
Anyone with more than £23,250 in assets – including the value of their home – has to pay the full cost of their care.
If your assets are worth over £14,250 but less than £23,250 you’ll be expected to pay for part of your care.
Care home fees in England now average at between £27,000 and £39,000 a year.
local authorities have a legal duty to recover care charges and will therefore challenge the transfer of assets unless it is done lawfully.
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