SERVICES
CARE HOME PLANNING
CARE HOME PLANNING IN SCOTLAND
Tim Weir has provided a first class service to our family from start to finish, helping us sort out an estate, wills, power of attorney and more. Always available on the end of emails, phone and in person to assist, advise and explain different aspects of the legal process. In addition, his fees are very competitive and transparent. Would happily recommend Weir Law to others.
Stephen Sprott.
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Highly recommend. They were efficient, helpful and answered all my questions. The process of setting up my Will was quick and seamless and I will definitely use again.
Katie Hamilton.
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Tim Weir was absolutely brilliant in helping me sorting out a trust account. Always there at the end of the phone to help where ever possible. Very professional and polite at all times.
Jeanette Pearce.
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Tim Weir provided an extremely supportive and professional service. I thoroughly recommend his approach to business.
Terry Hilder.
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Tim was prompt, diligent and patient and had an excellent manner in dealing with my father. I was extremely pleased with his fee, this easily beats his competitors for the same service. Maureen O'Lone.
Speaking with a specialist solicitor will help you:
Understand how your council assesses your existing assets and capital.
Determine whether or not to alter the title deeds to your home.
Clarify if you will be eligible for financial help from your council.
Acquaint yourself with the options available to you now and in the future.
Even if you have no immediate need for residential care, it is important that you understand how care home fees are calculated and how your own capital and assets will be treated should your circumstances change in the future.
Depending on where you live in the UK, residential care can cost up to £2,000 per week. It comes as no surprise, therefore, to learn that many people in Scotland are forced to sell their home to be able to cover the cost of their long-term care.
Many people underestimate how much their long-term care will cost and are left in difficult financial positions during a time in their lives when they should be relaxing, enjoying their retirement and spending quality time with their friends and family.
There are many misapprehensions and incorrect assumptions regarding care costs in Scotland. Don’t rely on friends’ and neighbours’ advice on what to do with your assets –
Will I have to pay for all of my care home costs?
If you need to go into care, your personal capital will be assessed. If you have savings and capital (i.e. a house and cash) with a total value of £28,000 or more, you will likely have to pay all of your care home fees until your capital reduces to this limit.
Can I just get rid of my money or transfer my house to my son/daughter?
If you have deliberately gifted away or sold your assets to reduce your capital, the value of these gifted or sold assets can still be included in the assessment capital assessment. This is known as notional capital and without legal input you may fall foul of the rules on deliberate deprivation of capital.
How far back can the council look?
Many people mistakenly believe that councils can only go back as far as seven years for the purposes of their financial assessment. In reality, your local council can examine any transaction in anticipation of going into care, so long as the council’s assessor considers it reasonable to do so.