Frequently Asked Questions
Q. What is the Care Act 2014 and its Guidance?
A. The Care Act 2014 and its Guidance is the most recent unifying legislation that provides a framework for the provision of residential and homecare services, and how local authorities should charge for those services.
Q. Will the equity in my home and my assets be taken to pay for residential care and support?
A. Yes. Local authorities are obliged by the Care Act to ensure those that can pay for their care are not maintained at public expense.
Q. Is it possible to protect the equity in my home and my assets from being taken to pay for residential care and support?
A. If the legal criteria is met, then yes. It is not only possible to protect your home and assets, it is vital that you do.
Q. What if I transfer my property to another person?
A. If the asset is not properly protected, and transferred to avoid care and support costs, a local authority will take the recipient of that asset (“the beneficiary”) to Court to recover the amount of care costs owing.
Q. Will a trust protect my home and assets from residential care costs?
A. The Care Act has regard for a number of different types of trust – Court managed trusts, personal injury trusts, however most are not taken into account.
Q. Why have I been advised that my property cannot be protected from care costs?
A. Whilst your specific circumstances may mean that your property cannot be protected, it may also be that you have been advised by someone who does not specialise in the Care Act and Guidance, and who may not therefore be fully conversant with legitimate exemptions that exists. Property and assets can be protected if you plan in advance and take the correct specialist advice.
Q. Will protecting my home and assets from residential care costs affect my daily life?
A. Absolutely not. It will have no impact on your day to day life and your ability to continue on as normal.
Q. What if the law changes?
A. It’s not a matter of if, more rather when the law changes. We comply with current UK law so anything entered into now will predate any new law and will therefore be exempt.