At WBW Solicitors, we understand how complex and emotionally challenging it can be to navigate the legal and financial aspects of care for yourself or a loved one. Our dedicated Community Care Team, led by Natalie Bowers and Portia Woodhouse, provides specialist advice and support to help guide individuals, families, Attorneys, Deputies and Executors through this process.

Our services include:

NHS Continuing Healthcare Funding (CHC)

If a person has significant health needs, they may be eligible for NHS Continuing Healthcare (CHC), which could cover the full cost of their care. With care fees ranging from £900 to £2,000 per week, this funding can make a substantial difference. We can assist with:

  • CHC assessments
  • Appeals (both locally and to NHS England)
  • Retrospective reviews for previously unassessed periods
  • Reviewing care records to determine eligibility
  • Addressing the withdrawal of CHC funding

Financial Assessments for Care Fees

Whether care is provided at home or in a care home, individuals are typically required to contribute to the cost. We can advise on how assessments should be completed and what should be included or disregarded, ensuring families are not paying more than necessary. Our services include:

  • Advice for families, Attorneys, Deputies, and Executors
  • Guidance on capital disregards
  • Advice on when the family home should be excluded from assessment
  • Review and retrospective correction of financial assessments

Care Home Contract Reviews

It is essential for Attorneys or Deputies to carefully review care home contracts. We can help ensure the contract:

  • Clearly outlines responsibilities of all parties
  • Is fair, reasonable and appropriate for the client’s needs
  • Identifies any unfair or unenforceable terms
  • Can be challenged at an early stage, if needed

Deliberate Deprivation of Assets

Local Authorities are taking an increasingly firm approach to what they consider to be the deliberate deprivation of assets – where someone has gifted or transferred assets in an effort to avoid care fees. There is no time limit on how far back a Local Authority can investigate. We can provide advice and support in situations involving:

  • Gifts or transfers of property
  • Lump sum gifts
  • Irrevocable trusts
  • Payments on behalf of relatives (e.g. mortgages or tuition fees)
  • Disclaiming inheritances or executing Deeds of Variation

Community Care Consultations

We offer consultations for clients and their representatives to discuss the specific challenges they are facing and advise on next steps. This may include the above areas, as well as:

  • Deferred Payment Agreements
  • Safeguarding concerns

Attorneys, Deputies, and Executors have a legal duty to mitigate loss to an estate. Our team is here to ensure that duty is fulfilled with the right advice and guidance.

Please note: All Community Care work is carried out on a privately funded basis. We do not offer Legal Aid for these services.

If you would like to speak with a member of our Community Care Team, please contact us at cc@wbw.co.uk or call your local WBW office.

WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.