Over the past few years there has been a steady increase in the number of people taking up life in care homes of one kind or another. The amount of regulation to which homes are now subject can sometimes obscure some basic points about homes and the services provided by them.
Choice
Remember that you have a right to choose a Care Home. You should bear in mind, however, that you will need to choose one which has the facilities to deal with your needs. Some provide full-time nursing care, while others support those with other specific needs.
Standards
Most private, voluntary and local authority homes are monitored by the Care Quality Commission (“CQC”). National minimum standards are set and CQC only registers homes if they meet those standards. The minimum standards set levels in areas such as:-
- Health and Safety
- Personal care
- Access to facilities
- Quality of fittings/furnishings
Results of CQC inspections are published and are available to the public. When considering a Care Home you should ask to see proof of registration with CQC and any related documents (such as the home’s ‘Residents Charter’ or similar).
Complaints
Should the need arise, a formal complaint can be made to a home through its Complaints Procedure – details of which should have been explained to you when you took up residence at the home. Complaints can also be made direct to CQC.
Protecting your assets
Most people contribute at one level or another to their care home costs. In some cases, a person’s assets can be required by a care service provider to be used to pay care costs. There are, however, certain actions which can be taken to protect assets from this: -
- Deferred payment agreements – these can be made with local councils when a person is assessed as being liable to pay the full cost of care because their house is treated as capital under the assessment rules. During these agreements, payment of only part of the costs of care are made, but at the end of the person’s life or at an earlier date of choice the balance is paid from the proceeds of sale of a home. These schemes should be thought of as a loan rather than anything else.
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Family Trusts – a Family Trust is one way in which ownership of assets can be transferred to a member of the family during your lifetime. This is a complex area, and specialist legal advice should be sought.
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Lifetime gifts – these can be made to family members (or others). There is no financial limit on gifts to children, grandchildren, or other relations, but they may have to pay income tax on interest or income which they receive from the gift. If a gift is made within 7 years of death, it may attract Inheritance Tax. It is illegal to transfer money/assets specifically to avoid paying care fees and you should remember that to be effective a gift must be a true gift – i.e. the person making the gift may not retain an interest in the gifted asset. Specific professional advice should be taken on this area to avoid falling foul of the rules.
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Inheritance Planning – this is very important and can in some cases save large amounts of money (particularly in terms of Inheritance Tax) as well as protecting the interests of your beneficiaries. As part of the planning process you should make a Will to ensure that your wishes are carried through after death and that your beneficiaries’ interests are protected. You may also wish to consider giving a Power of Attorney to enable a trusted person to attend to your affairs should the need arise. A measured and informed approach should always be taken to Inheritance Planning and again, specialist legal advice should be sought.
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Let out / Sell your home – these may be alternatives, particularly where you are responsible for paying the whole of your care costs but these options are likely to be a last resort.
SL & Co is able to help and advise on all of these issues, and should you wish to discuss anything on this page, please contact us for a friendly, personal chat.
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