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The Care Act 2014 and The Care Act Guidance states:


  • Local Authorities must provide care once a need is assessed, by virtue of s.18 Care Act.
  • As part of this process they must carry out a financial assessment of the service users assets by virtue of s.17 of the Care Act.
  • A local Authority cannot charge a service user more than they are able to afford to pay, but by virtue of s.42 to Annex B of the Guidance a local Authority must ensure that those who can afford to pay are not maintained at public expense.
  • A service user will pay the full cost of their care if they have assets or capital in excess of £23,250 (the upper capital threshold) and they will continue to pay until their assets drop to £14,250 (the lower capital threshold).
  • If a service user mis-represented their assets they are responsible for the costs of any subsequent investigation (s.69 of the Care Act).
  • It will have regard for capital and income.
  • If a service user transfers a property to their children the Authority has a right of action in Law against that child for the full value of the care charges owing and accruing.
  • So can this situation be legally avoided?
  • The answer is yes, but only if you take steps to protect your assets in the correct way,  and at the appropriate time.
  • The Trusts of Land and Appointment of Trustees Act 1996, together with such settled case Law as Derbyshire County Council & Anor v Akrill & Ors provides for legitimate lawful routes to place your property outside of those assets that the Council will take into account when calculating what you must pay for your future care, but only if you act before you know care is needed.  



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    Barristerial oversight


    All our products are reviewed and approved by regulated barristers, wholly independent of our company, so you can be assured that the service you receive is correct, complete and fully compliant with the Law.


    Whilst we are a new company, we are innovative with over 15 years experience specialising the Care Act 2014. We started on this journey 18 months ago with a view to helping friends, family and the local community. Such was the demand for our services, and with the expertise and investment of one of our customers who is a local businessman, we have now formed a national ltd company in October 2019.


    Here at Estate Planning UK we will use our experience and day to day working knowledge of the Care Act 2014 and its guidance to protect your home and assets from residential care costs.


    Whilst the Care Act has been in existence since 2014, our professional knowledge predates this. It extends right back to the evolution of the history of charging for care and support. Dating back to the Laws that repealed the old poor Laws, including The National Assistance Act 1948, the later Health and Social Services and Social Security Adjudications Act 1984 and the Charging for Residential Accommodation Guidance. All of which have continuously increased the amount that people are expected to pay for their care and support. This in-depth understanding of previous Law and its implications on your rights to protect your home and assets highlighted the legal exemption that you can take advantage of.


    We understand professional bodies, charities and other organisations are repeatedly advising the public that there is nothing that can be done to protect your property and assets from residential care costs. Different companies specialise in different areas of the Law therefore their understanding of current legislation and its guidance may not be that of a company that specialises in this Law and only this Law.




    There is and always has been a completely lawful and legitimate exemption, ignorance of the Law is no excuse for misleading information. We welcome any person to challenge the legality and validity of our bespoke lawful protections. This Legislation may be changed and if you do not take advantage of the care act 2014 legal exemption. 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.


    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 local authorities to be protected. Therefore to allay any fears we bring a copy of the Law and show you exactly how we can protect your home and assets. Without any 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.


    All of our bespoke services are prepared by our legal department. We welcome you speaking with them to answer any questions that you may have.