Advice For The Elderly

BHP Law offers a range of legal advice for the elderly, including Will advice and Inheritance Tax Planning.

Placing your Property into Trust

BHP Law can advise in relation to placing your property into Trust during your lifetime, to hopefully protect it for your children. If you are married, we can talk about creating a Trust in your Will to hold the half share that belongs to whichever of you dies first. This only protects the value of half the house, but may work better. There are pros and cons to each choice and we can help you weigh them up to make the decision that is right for you.

Needs Assessment and Attendance Allowance

When a person becomes unable to manage on their own in their home, it does not necessarily mean they have to move into care. The local council can be approached to carry out an assessment of needs with a view to providing a care package at home. BHP Law can help with this if you don't know how to go about it.

As to whether you have to pay for the care package, this will depend upon the type of care you need and your financial situation. A financial assessment would be made of your assets. If you do have to pay for the care, then you can make claim for "attendance allowance" and we can advise on this if you need us to. 

 

Moving into a Residential Home

If a move into a residential or nursing home becomes necessary, then care should be taken over the home chosen. You need to be confident that you will be well looked after in safe, friendly surroundings and that there are sufficient staff and facilities to meet your needs. Again an assessment of needs should be undertaken by the local authority to make sure the right home is found. We can help with this if you would like us to. 

If your assets are above £23,250 then unless you need care which entitles you to NHS continuing care funding, you will have to pay for your care. 

If your main asset is your home, its value will be disregarded for 12 weeks. After that, the local authority will help with funding your care by providing you with an interest free loan, repayable when the property is sold. When you die, interest will become payable on the loan after 56 days. 

If you are in a care home on a permanent basis, then your property should be exempt from council tax whilst it is on the market for sale. Its value is also disregarded when assessing your entitlement to Pension Tax Credit.

 

Further Legal Advice for the Elderly

Don't sit around worrying about the future, come and talk to us - we have a wealth of legal advice for the elderly and are only too happy to help.

Do you need help obtaining money via an equity release scheme? We have a network of Independent Financial Advisors we can introduce you to.

 

Contact us about Advice for the Elderly

Call us today for a free no obligation chat on 0800 590019 to talk to a member of our team within your local BHP office in either Newcastle, Durham, Darlington, Tynemouth or Stockton in Teesside. If you would like more information you can also download our guides for Advice for the Elderly and Inheritance Tax Planning, which is to the left of this page.

 

 

 

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Your Wills, Trusts & Probate Team

Helen Biglin

Partner

Helen qualified as a solicitor in 1993 and at that time joined Walton Hardy & Clough in Darlington as a member of their Wills, Trusts & Probate team.…

Michelle Coulson

Solicitor

Michelle qualified as a solicitor in 2006, specializing in criminal law. In 2013, Michelle also trained in private client services and private family…

Holly Naylor

Solicitor

Holly began her legal career as a paralegal in BHP Law’s Family team. She completed her first training seat in the Personal Injury team managing road…

Peter Leach

Legal Executive

Peter is a Fellow of the Institute of Chartered Legal Executive and has over 35 years experience in dealing with Probate matters. Peter joined BHP Law…

Laura Vipond

Legal Executive

Laura has worked in the legal profession for 20 years. She completed her training at J W Mitchell Dodds & Co and remained at that firm when it merged…

Lisa Wright

Trainee Legal Executive

Lisa began her legal career with BHP Law in November 2003 when she joined the personal injury department in a secretarial/support role to assist three…

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