Care home fees | Wills, trusts and probate solicitors 

The subject of care home fees is of great concern to many people. With the average weekly cost of a nursing home being around £750, it’s easy to understand why people are so concerned.

Care home funding is quite complicated, and when somebody has to move into care there can be many different parties involved. You can suddenly find yourself in the middle of a world of Local Authorities, social workers, the NHS and care home managers without knowing who is responsible for what. A common complaint is that there is a lack of joined up thinking between the various parties. Also, people have very different experiences depending on where they live.

Incorrect decisions are often made and if they go unnoticed or unchallenged they could prove very costly. It is vital that you understand the system from the outset and are kept fully informed about what is going on. Having some expert advice or assistance can prove to be invaluable.

Who pays for care? NHS continuing healthcare

It is possible that the NHS may have a duty to pay for the costs of care. This is known as NHS Continuing Healthcare (CHC). Whether or not a person is eligible for CHC will depend upon their individual care needs. This is not means tested so the individual’s financial position is not of relevance.

It is the duty of the local Clinical Commissioning Group (CCG) to carry out an assessment. The CCGs were formerly known as Primary Care Trusts. The CCG must take reasonable steps to carry out an assessment in all cases where it appears there may be a need for such care. The assessment uses quite complicated criteria, many of which may be open to interpretation. You should consider the possibility of challenging any decisions with which you do not agree.


If an individual is not eligible for CHC, they may still be eligible for NHS Funded Nursing Care. This is a fixed amount paid by the CCG directly to a nursing home to pay for registered nurses employed by the home.


If the person going into care does not qualify for CHC, the local authority may have a duty to pay some or all of the costs. This will be based on the individual’s financial position and is subject to a means test.

| Can I protect my assets against care home fees?

There are some options available that may help to protect your assets against being used to pay for your future care. The availability of these options will depend on your individual circumstances.

The various options all have their own pros and cons and some are not guaranteed to be effective. There is a lot of misinformation surrounding this subject and there are a lot of companies selling various schemes without providing full advice on the potential problems. It’s vital that you seek professional legal advice so that you can make a fully informed decision about what is right for you.

Here at Levi Solicitors we have solicitors specialising in these matters who would be happy to provide you with a service that suits your own individual needs.

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Expert Advice

Andrew Milburn


T. 0113 297 3181

Andrew is Head of Wills, Probate and Trusts and has experience in a wide range of areas of private client work. Andrew is a Dementia Friend, a member of the Society of Trust and Estate Practitioners (STEP) as well as Solicitors for the Elderly.

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