Care Funding Consultation: Expert Solicitor Advice on Local Authority Obligations & Financial Assessments
Do you need to sell the house to pay for care? What are the Local Authority's obligations under the Care Act 2014? Can you gift money without triggering deprivation of assets rules? How will your property be assessed in a financial assessment (means test)?
The care funding system is complex, and mistakes can be costly. Our one-hour consultation with a specialist SRA-registered solicitor gives you clear, practical answers to your care funding questions and helps you understand your legal rights, financial obligations, and options for protecting assets.
What's Included in Your Consultation
Our Care Funding Consultation is a one-hour appointment with our in-house specialist solicitor, who has over 10 years' experience managing finances and care arrangements for vulnerable individuals. You'll get expert legal guidance tailored to your situation, explained in plain English - no legal jargon.
What You'll Get:
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One-hour consultation with our SRA-registered specialist solicitor
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Plain English explanations of complex care funding regulations
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Clear guidance on your legal rights and obligations under the Care Act 2014
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Practical advice on property, assets, and financial planning
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Recommendations for your next steps
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Written summary of key points and recommendations (available on request)
How it works: Consultations are delivered by phone or video call at a time that suits you. You can book directly into our calendar, with appointments typically available within one week.
Price: £250 + VAT
Note for attorneys and deputies: You can pay for this consultation using your loved one's funds—this is a legitimate expense under your duties as attorney or deputy.
Understanding Care Funding Thresholds & Financial Assessments
If you or a loved one needs care, the Local Authority will carry out a financial assessment (also called a means test) to determine how much you must contribute towards care costs. This process is governed by the Care Act 2014 and involves strict rules around your income, savings, property, and assets.
Capital Thresholds (2025/26)
The amount you pay depends on your total capital (savings, investments, property):
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Above £23,250 (upper capital limit): You must pay the full cost of your care until your capital falls below this threshold.
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Between £14,250 and £23,250: You may qualify for some Local Authority funding, but any capital above £14,250 is treated as generating tariff income (an assumed weekly income of £1 for every £250 above the lower limit).
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Below £14,250 (lower capital limit): You are eligible for Local Authority funding and are not charged tariff income on your capital.
Important: Your home is usually included in the financial assessment if you're moving into residential care, unless certain exemptions apply (e.g., a spouse or dependent relative still lives there).
Deprivation of Assets
Deprivation of assets means deliberately reducing your wealth—by giving away money, transferring property, or spending assets - to avoid or reduce care costs. This is one of the most misunderstood and risky areas of care funding.
Under the Care Act 2014, Local Authorities can treat notional capital (assets you no longer own) as if you still have them if they believe you deliberately deprived yourself of assets to reduce care charges.
What counts as deprivation?
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Gifting money or property to family members
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Selling assets for less than their true value
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Transferring ownership of your home
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Spending large sums on non-essential items
Timing matters: There is no time limit on how far back a Local Authority can investigate. The common myth of a "6-month rule" is incorrect—deprivation can be challenged years after it occurred.
Consequences: If the Local Authority determines you've deliberately deprived yourself of assets, they can:
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Treat you as still owning those assets (notional capital)
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Charge you as if you still have the money
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Pursue legal recovery of care costs from the person who received the assets
Why This Is So Confusing
The rules around care funding, financial assessments, and deprivation of assets are complex and often misunderstood. Many families make costly mistakes because they:
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Don't understand what counts as deprivation
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Assume gifting money years ago is safe
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Misinterpret their rights under the Care Act 2014
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Don't know how property and assets are assessed
This is where expert legal advice is essential. Our Care Funding Consultation gives you clear, accurate guidance on your specific situation—so you can make informed decisions without risking financial penalties or disputes with the Local Authority.
Why Choose Nellie Supports for Care Funding Advice
Our specialist solicitor has over a decade of experience managing finances and care arrangements for vulnerable individuals. You're getting qualified legal expertise, not generic advice.
Care funding legislation is complicated enough. We explain everything in clear, straightforward language so you understand your rights, obligations, and options without confusion.
£250 + VAT for a one-hour consultation. No surprises, no unexpected charges. You know exactly what you're paying before you book.
We're not tied to care homes, Local Authorities, or financial institutions. Our only interest is giving you honest, impartial advice that protects your loved one's best interests.
If you're acting as an attorney or deputy, you can pay for this consultation using your loved one's funds—this is a legitimate expense under your duties.
We also provide mental capacity assessments for a variety of decisions including COP3 assessments and LPA capacity assessments. For complex cases, our advanced mental capacity assessment service provides comprehensive support. If you need assistance with NHS Continuing Healthcare appeals or care funding disputes, we can help
Expert Insights on
Care Funding
Explore our articles on care funding, deprivation of assets, financial assessments, and the Care Act 2014, with practical guidance, real-world examples, and expert insights. Written to help families, attorneys, and deputies navigate complex decisions with confidence.
Your Care Funding Questions Answered
Yes. If you're acting as an attorney under a Lasting Power of Attorney (LPA) or as a court-appointed deputy, you can pay for this consultation using your loved one's funds. Seeking professional legal advice on care funding is a legitimate expense and falls within your duties to act in their best interests.
Most clients find that one hour is sufficient to cover their immediate questions and receive clear guidance on next steps. If your situation is particularly complex and requires additional time, we can discuss follow-up consultations or ongoing support.
You don't need to prepare anything in advance, but it can be helpful to have:
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Any correspondence from the Local Authority (financial assessment letters, care cost invoices)
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Details of savings, property, and assets
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Information about any gifts or transfers made in recent years
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Copies of Lasting Power of Attorney or deputyship orders (if applicable)
Our solicitor will guide you through what's relevant during the call.
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Yes. If you need further assistance after your initial consultation—whether that's help with appeals, representation in disputes, or ongoing advice—we can discuss the best way to support you moving forward.
Appointments are typically available within one week. You can book directly into our calendar at a time that suits you.
No. This consultation is for anyone at any stage—whether you're planning ahead, facing an imminent financial assessment, already paying for care, or dealing with a dispute. Early advice can often prevent costly mistakes.
This Care Funding Consultation focuses on Local Authority funding under the Care Act 2014—including financial assessments, means testing, deprivation of assets, and social care charging.
Our CHC (Continuing Healthcare) Funding Advice deals with NHS-funded care for people with complex health needs. If you're unsure which applies to your situation, our solicitor can clarify this during your consultation.
Yes, they can. During a financial assessment, the Local Authority will ask detailed questions about your financial history, including any gifts, transfers, or large expenditures. They have the power to investigate transactions going back many years—there is no legal time limit. If they suspect deprivation of assets, they can treat the gifted money as if you still own it (notional capital) and charge you accordingly.
Usually, yes—but there are important exceptions. If you're moving into residential care, your home is typically included in the capital assessment. However, it may be disregarded if:
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Your spouse or partner still lives there
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A dependent relative (such as a child under 18 or a disabled adult) lives there
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You're receiving care in your own home (domiciliary care)
The rules are complex, and our solicitor can explain how they apply to your specific situation.
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This is one of the most common areas of confusion. Deliberate deprivation means reducing your assets with the intention of avoiding or reducing care costs. Legitimate spending is using your money for normal living expenses, gifts on special occasions, or reasonable purchases.
The key question is: Why did you spend or gift the money? If care needs were a significant factor in your decision, the Local Authority may view it as deprivation. Our solicitor can help you understand whether past transactions could be challenged.
The Local Authority cannot force you to sell your home, but if your property is included in the financial assessment and your capital is above £23,250, you will be expected to contribute towards your care costs.
You may be able to enter a deferred payment agreement, which allows you to defer care costs until your home is sold (usually after death or when you permanently move into care). Our solicitor can explain your options and help you understand your rights.
Yes. If you believe the Local Authority's financial assessment is incorrect—whether due to errors in calculating your capital, disputes over property valuation, or disagreements about deprivation of assets—you have the right to challenge the decision. Our solicitor can review your assessment and advise on the best course of action.
We can help. Whether you're facing allegations of deprivation, disagreeing with a financial assessment, or dealing with unexpected care charges, our solicitor can provide expert guidance on your legal position and next steps—including representation if needed.
This consultation focuses on Local Authority funding under the Care Act 2014. However, we also offer specialist advice on:
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CHC (Continuing Healthcare) funding and appeals
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Attorney and deputy responsibilities
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Care cost calculations and contract reviews
If your situation involves multiple funding streams or legal issues, our solicitor can guide you on the best approach.
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You'll leave the consultation with clear, actionable advice tailored to your situation. If further support is needed—whether that's help with appeals, ongoing legal guidance, or representation—we'll discuss the best way forward. There's no obligation to use our services beyond the initial consultation.
Book Your Appointment
Gain Clarity and Confidence Before You Begin Your CHC Journey
Our Care Funding Consultation is designed for anyone navigating Local Authority funding, financial assessments, and care costs. Whether you're planning ahead or facing an urgent decision, our specialist solicitor can help.
This consultation is ideal if you:
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Are facing a Local Authority financial assessment or means test
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Have been told you must pay for care but aren't sure if that's correct
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Are worried about selling your home to pay for care
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Have gifted money or assets and are concerned about deprivation rules
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Need to understand your rights under the Care Act 2014
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Are acting as an attorney or deputy managing a loved one's finances
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Want clarity on capital thresholds, tariff income, and asset assessments
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Have received a care funding decision you believe is unfair
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Need practical advice before making financial decisions that could affect care costs
Whether you're a family member, attorney, deputy, or professional adviser, this consultation gives you the legal clarity and confidence to make informed decisions.
Appointments available within one week | Phone or video call | £250 + VAT