Care funding advice

If someone has care needs, and requires financial support, the Local Authority will carry out a financial assessment. This applies to care at home or in a residential care home.

These financial assessments can be complex. The Local Authority often do not have the time or resources to explain matters fully to service users or family members. It is unfortunately common for mistakes to be made. Individuals can end up overpaying for their care or being misadvised about their options.

Read an example of where a Local Authority made a mistake on a financial assessment. Our solicitors were able to get an individual credited the correct amount.

Financial assessment

The financial assessment – or means testing – will look at a person’s capital, which will include money in bank accounts, savings, investments and property.

If a property is occupied by another person, then it may be exempt from the financial assessment. This is the case when it is occupied by:

  • A spouse, partner, former partner, or civil partner (except where you are estranged)
  • A lone parent who is your estranged or divorced partner
  • A relative who is:
    • aged 60 or over, or
    • a child of yours aged under 18, or
    • ‘incapacitated’

The Local Authority have the discretion to disregard the property in other circumstances. They can often be persuaded to do so if it would be unreasonable to decide otherwise.

Deprivation of Assets

When undertaking a financial assessment, the Local Authority will look carefully at the person’s assets. This includes reviewing what they have done with their assets over the years. There is no time limit for this.

They will look for any evidence that a person may have deliberately given away their assets with the intention of avoiding care fees. This is known as ‘Deliberate Deprivation of Assets’.

If the Local Authority find evidence that a person has done this, they will deem that the resident still owns that capital and may seek to recover the assets, or payment of care fees, from the recipient(s) of any gifts.

NHS funding (NHS CHC)

This is funding available through the NHS if you have been assessed as having a primary health need. This type of funding isn’t means tested, so it could mean that you’d receive your care free of charge.

However, if mistakes or omissions are made during the assessment, you may be denied the funding that you’re entitled-to.  If you need advice about preparing for or challenging an NHS Continuing Healthcare decision, please visit our NHS Continuing Healthcare page.

Planning for care

It is possible to plan ahead for future care needs, including its financial impact. However, it is important to be wary of any financial product which guarantees you will be able to avoid care fees. As explained above, you could be accused of ‘Deliberate Deprivation of Assets’ and the local authority could look to recover those assets.

At Rothera Bray our specialist team can advise on the following:

  • Preparing for a care needs assessment
  • The eligibility criteria, including any exemptions within the financial assessment
  • The rules concerning deliberate deprivation of assets

We can also:

  • Liaise with social services on your behalf
  • Challenge a funding decision made by social services
  • Assist on a first-time application for NHS Continuing Healthcare, or challenging an NHS CHC decision.

We also offer a service called ‘Preparing for Care’ which includes a one-hour phone call/meeting, and a Preparation For Care report tailored to your circumstances for £838.80 (£699 plus VAT at 20%).

 

For straightforward advice on care funding
03456 465 465
enquiries@rotherabray.co.uk

Send us a message

Please give as much detail as possible, so we can give you the best-possible legal advice right away.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Get legal advice from specialist solicitors
03456 465 465
enquiries@rotherabray.co.uk
Our team.
Rothera Bray's Private Client Partner Jeremy Allen

Jeremy Allen

Partner & Head of Trusts and Court of Protection

Jeremy Allen is a Wills, Probate and Trusts specialist at Rothera Bray Solicitors and is based at our Lace Market offices in the heart of Nottingham City Centre.

View full profile
Emily Gordon, Senior Associate in the Mental Capacity and Court of Protection team

Emily Gordon

Senior Associate

Emily Gordon is a Senior Associate in Rothera Bray’s Mental Capacity and Court of Protection department and is based at our Nottingham office.

View full profile
Rothera Bray's Mental Capacity and Court of Protection Solicitor Lyndsey Hudson

Lyndsey Hudson

Solicitor

Lyndsey is a Solicitor in Rothera Bray’s Mental Capacity and Court of Protection department. She is based at our Nottingham office.

View full profile
Louise Mathison

Louise Mathison

Senior Paralegal

Louise Mathison is a Senior Paralegal in Rothera Bray’s Mental Capacity and Court of Protection department and is based at our Lace Market, Nottingham office.

View full profile
Jessica Redden

Jessica Redden

Paralegal

Jessica Redden is a Paralegal in our Mental Capacity and Court of Protection department and is based at our Lace Market, Nottingham office.

View full profile
See the team

Giving the right advice since 1824.

stars

Posted 14 November 2025

Very professional service. Prompt replies from Jo Clarke and Nirvair to any queries. Will be using their services again.

Tony Ellis

stars

Posted 14 November 2025

Abbey Freeman is very professional also kept me in formed through out this difficult house move. I would definitely recommend this Rothera Bray and also Abbey.

Lisa L

stars

Posted 13 November 2025

Emily was really good and helped last minute but nothing was too much trouble . She did a fantastic job wouldn't hesitate if I needed a solicitor again. 5 star service.

Laura

stars

Posted 12 November 2025

I recently engaged Ewan Paton from Rothera Bray – he was approachable, professional, and genuinely understanding throughout a difficult time. He took the time to explain everything clearly, kept me updated at every stage, and always made me feel at ease. His calm and practical approach gave me great confidence, and I couldn’t have asked for better support. I’d highly recommend Ewan to anyone needing reliable and compassionate legal advice.

Mr Morrison

stars

Posted 12 November 2025

I was with another firm but as soon as I seen the reviews on this firm I changed to this firm. I cannot recommend this firm enough. I have had Gabriella and Hannah working on my case they are a credit to this firm also informing me on my case. Raising any issues immediately. Very polite and professional. I would recommend anyone using this firm.

Hannah

stars

Posted 12 November 2025

Brilliant solicitors, very quick with responding to emails too, and helping with any questions you may have. I used Rothera Bray to buy my house, and honestly I can 100% recommend them. Very fast, professional! I would and will use them again in future. Thank you so much.

Anna C

stars

Posted 11 November 2025

I can’t thank the team enough for everything they’ve done for me and my children. From start to finish, the whole company have been absolutely brilliant — always putting our needs and wishes first and supporting us every step of the way. Their communication, care, and understanding have been second to none. A special mention has to go to Emily, who is truly one in a million. She went above and beyond to make sure I felt heard, reassured, and fully supported throughout what was one of the most difficult times in my life. I’d highly recommend this firm to anyone looking for a solicitor who genuinely cares about both you and your family. Thank you all so much for everything you’ve done.

Nathan

stars

Posted 10 November 2025

Professional, courteous and thorough. Will took just the right amount of time to explain details, processes and approaches. Recommended.

Tom M

stars

Posted 10 November 2025

I would like to send a big shout out to Anton Balkitis at Rothera Bray. Appearing at Court for me and handling the judges, knowing what to say and how to say it, is not something I could have done on my own. It felt good to have someone on my side that really knew their stuff. I highly recommend for anyone who needs a helping hand and wants the best outcome at Court.

Ryan

stars

Posted 10 November 2025

I was very satisfied by the experience of asking the solicitors at Rothera Bray to assist my wife and I sell our property. They were most helpful, easy to liaise with and always gave excellent advice and service. I would recommend Rothera Bray without hesitation because of their professionalism throughout my interaction with them. First class!

Richard

stars

Posted 10 November 2025

Lauren Kilbride at Rothera Bray was extremely helpful throughout my case. Highly recommended.

Emile

stars

Posted 10 November 2025

My Solicitor (Georgina) meticulously reviewed all my details in the case, explained the process clearly and prepared a strong defence. I felt supported throughout the entire process and was very grateful for their guidance. I would highly recommend them to anyone needing legal assistance.

Anonymous

Read more reviews on Review Solicitors