For Your Family
Helping to look after your loved ones

Care Home Planning

“If I go into care I will have to sell my house to pay for it?”

It is becoming common knowledge that people are now living far longer than they were even just 20 years ago.  As a result of this, there is more demand for care homes; both private and local authority run.

Local authority care home planning

Your local authority will assess whether you require community care services, whilst the NHS is responsible for assessing whether you need NHS Continuing Healthcare – which includes nursing care as well as personal care.

NHS Continuing Healthcare

In the event that the NHS assesses you to have a ‘primary health need’, you would be eligible for NHS Continuing Healthcare.  If you have been assessed as needing accommodation as part of this, it would be included in your care and fully funded by the NHS.

Care homes – means testing

If you don’t have a ‘primary health need’, your local authority would carry out a means test to assess your ability to pay for your own care (the nursing element will still be eligible for some NHS funding).

For information about whether you will have to sell your house to pay for your care fees, click on the image of our flowchart below to download a PDF version.


Care home means testing boundaries

If you have over £23,250 of eligible capital, you will be expected to meet the full cost of your residential care.  However, the capital might not take your house into account.  For example, if you share your house with one of the following people, your house would not be included in the £23,250 capital:

  • Your partner (husband, wife, civil partner or someone you live with as though you are married or civil partners)
  • A relative (including step-relatives and in-laws) who is 60 years old or over, or a younger relative who is ‘incapacitated’ (which means in receipt of certain state benefits)
  • A former partner who is divorced or estranged from you but who is a lone parent of a minor
  • A child under 18 years who you are liable to maintain

Paying for a care home with a pension

Your pension and other income will be used as a contribution towards care home fees.   If your income doesn’t cover the full cost, your home and other capital would then potentially need to be used.

If you’re not sure – ask!

We have offices in Leicester, Market Harborough and Hinckley where local Wills, Trusts and Probate solicitors will be happy to have a chat with you about care home planning in plain English there and then over the telephone.  We can also then arrange a meeting at a convenient time for you.

We also always work on the basis that we will only do the work that you want us to do, without pressuring you to take up services that you don't want or need right now.  Our transparency with costs and pricing also means that we will only ever charge you for what we do - rather than taking percentage of what you inherit.

Speak to our team

Contact us to discuss an enquiry or a case you have or feel free to pop in and see us at your local office by clicking on the links below;

Leicester call us on 0116 254 8871.

Hinckley call us on 01455 639 900.

Market Harborough call us on 01858 467 181.

Bray & Bray's experts don't just dip in and out of different areas of law – all our lawyers specialise in certain areas and have the knowledge and confidence to take on any kind of case in their area of law. Contact us and we'll work alongside you from start to finish.

We know that when our clients are dealing with a stressful legal situation the last thing they need is to be confused by jargon, or made uncomfortable by stuffy professionals. Our plain speaking transparent approach puts people at ease and we're really proud of it.

We offer a complete range of legal services, from personal injury to family law, criminal defence and immigration. We have expert teams of lawyers working in all legal areas, and you'll never work with anyone who isn't fully versed in the relevant laws.

We're based in Leicester and the county but we serve clients nationwide, so don't hesitate to get in touch if you're based some distance away. We do everything we can to make things simple for clients based elsewhere – we'll keep in touch via phone and email, and we'll come and visit you should we need to.

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