Residential and Elderly Care

Planning ahead for care with
clarity and peace of mind

All of us have to face the fact that as each day passes we are getting older. Studies show that having a feeling of control over your life in your twilight years leads to a healthier and happier retirement. In order to achieve this it is important to plan for your later years before they arrive (which is always sooner than expected).

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All of our staff treat our clients with the utmost consideration, sensitivity and respect. We have proudly been taking care of individuals in Sussex, both young and old, for the last 57 years. Times may have changed during this long period, but our commitment to providing excellent legal advice clients can trust has remained steadfast.

Residential and Care Home Fees

As the law currently stands, if you have assets of more than £23,000 you will be required to meet the full cost of your residential home care (which is typically a minimum of £500 per week). However, although it is not widely publicised, if you require nursing care as opposed to simply social care you may qualify for fully-funded care in a care-home, hospice or in your own home through the NHS.

You can also talk to us about tax planning and putting your assets into a Trust to safeguard your wealth for future generations.

Living Wills

Otherwise known as an ‘advance decision’, a Living Will documents your wishes regarding refusing certain types of medical treatment in certain situations. It must be respected by any health professionals taking care of you regardless of whether they believe the decision is in your best interest.

You can also make an ‘advance statement’ in your Living Will which is not legally binding but can indicate to your carers any religious, cultural or food preferences you may have.

A Living Will can give you piece of mind knowing that your wishes will be followed even if you are unable to ask for them at the time.

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Looking for legal support? Get in touch with our solicitors, and we’ll connect you with the right expertise to meet your specific needs through our trusted legal team and professional partners.

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FAQ Topics

Will I have to sell my home to pay for care fees?

Not necessarily. If you require care and your home is your main asset, the local authority may disregard its value in certain situations, such as if a spouse or dependent is still living there. Proper planning and legal advice can help protect your assets and explore all available options before decisions need to be made.

What’s the difference between social care and nursing care?

Social care supports day-to-day tasks like washing, dressing, and eating. Nursing care, on the other hand, involves medical support provided by a registered nurse. If your care needs are primarily health-based, you might be eligible for NHS Continuing Healthcare, which is fully funded and not means-tested.

Can I give away my assets to avoid paying care home fees?

This is a complex area. Deliberately depriving yourself of assets to avoid care costs may be challenged by the local authority. However, there are legitimate ways to protect your wealth, such as through trusts and careful tax planning. Always seek legal advice before transferring or gifting assets.

What is a Living Will and should I have one?

A Living Will (Advance Decision) allows you to refuse specific medical treatments in advance, in case you’re ever unable to communicate your wishes. It ensures your values are respected and gives peace of mind to you and your loved ones. While not legally binding, an Advance Statement can also reflect your personal preferences regarding care and daily life.