Independent Care Fees Planning & Advice in Tunbridge Wells.

Long term care refers to a broad range of health and personal support services, from occasional help in the home to full residential or nursing care. These services are aimed at people who need assistance with the activities of daily living (ADLs), such as eating, bathing, dressing, or moving around.

The term can be misleading, as long term care is not always required permanently. Some people may only need support for a limited period, for example while recovering from illness, injury, or surgery. Others may require ongoing assistance due to chronic conditions, frailty, or cognitive decline.

Pre-funded care insurance lets you set aside money in advance by paying regular premiums to an insurer. If care is needed later, it pays out a guaranteed tax-free income, either to you or directly to the care provider.

This approach provides long-term peace of mind and usually costs less than taking out an immediate needs plan later in life.

Using existing savings, pensions, or investments to fund care can be a practical and flexible approach. It may form part of a wider long-term care strategy that includes pre-funded or immediate needs plans.

However, using invested capital to pay for care brings its own challenges, such as taxation, investment risk, market volatility, and the danger of funds running out over time.

What legislation and organisations regulate care and care fees in England?

Health and social care are devolved matters across the UK, with different systems operating in England, Scotland, Wales and Northern Ireland. In England, the key legislation and regulatory bodies governing care and care fees are:

• Department of Health and Social Care (DHSC) – responsible for national health and care policy, public health research, and overall funding allocation to local authorities.

• Clinical Commissioning Groups (CCGs) – commission most local NHS services, including hospital, community and mental health care.

• The Care Act 2014 – the main legislation defining the duties of local authorities, individuals’ rights to care, and how funding assessments must be carried out.

• Care Quality Commission (CQC) – the independent regulator for health and social care in England. The CQC registers, inspects and rates care homes, hospitals and domiciliary care providers to ensure national standards are met.

• Medicines and Healthcare products Regulatory Agency (MHRA) – ensures medicines and medical devices used in care settings are safe and effective.

Professional standards for healthcare workers are maintained through registration with the relevant regulatory bodies, including the General Medical Council (GMC) for doctors, the Nursing and Midwifery Council (NMC) for nurses and midwives, the General Dental Council (GDC) for dental professionals, the General Optical Council (GOC) for opticians and the Health and Care Professions Council (HCPC) for allied health professionals.

All of these are overseen by the Professional Standards Authority (PSA), which monitors performance and ensures public protection across the sector.

What are my local authority’s responsibilities for arranging and funding care?

Under the Care Act 2014, local authorities in England have a statutory duty to ensure that individuals receive appropriate support, advice and access to care services. They must act under the guidance of the Secretary of State for Health and Social Care and provide a consistent framework of care across their area.

Local authorities are responsible for ensuring that people who live in their area:

• Receive services that prevent their care needs from becoming more serious or that delay their impact.

• Can access clear and accurate information and advice to help them make good decisions about their care and support.

• Have a choice of high-quality care services suitable for their individual needs.

Anyone can request a care needs assessment from their local authority. This can be initiated either by the person requiring care or by someone who cares for them. If the assessment confirms eligibility, the local authority must arrange for services to be provided, either directly or through approved private or voluntary providers.

Once assessed, a care and support plan is prepared, setting out how the person’s needs will be met and how their care will be funded. This plan is designed to ensure continuity, transparency, and ongoing review as circumstances change.

How does a local authority assess my care needs?

A care needs assessment is how a local authority decides whether someone requires care and support to help with daily living. The process must be carried out by a suitably trained professional, such as a social worker, and is guided by the principles set out in the Care Act 2014.

The assessor will look at:

• The person’s physical and emotional needs, and how these affect their wellbeing – for example, a need for help getting dressed or moving safely around the home.

• The outcomes that matter most to the person – such as maintaining independence, reducing loneliness, or engaging in community life.

• Their wider circumstances – including living arrangements, existing support networks, and whether anyone currently provides unpaid care.

The aim is to gain a complete picture of the individual’s health, lifestyle, and goals, so that support can be tailored accordingly.

In England, this process follows the Single Assessment Process (SAP), which ensures health and social care professionals work together when planning care. The SAP allows local authorities and the NHS to coordinate assessments, helping to identify whether needs are primarily medical (funded by the NHS) or social (funded by the local authority).

What state benefits and financial support are available for care fees?

Care and support services in the UK are not usually provided free of charge. While some types of care are funded by the NHS, many are subject to a financial assessment to determine what an individual can afford to contribute.

The local authority will assess both income and assets – including property, savings, and investments – to decide how much a person should pay towards their care. The outcome of this assessment determines whether the cost is met fully by the individual, jointly with the local authority, or entirely by the state.

If someone qualifies for support, the local authority must calculate the total cost of care (known as a personal budget) and ensure that it covers at least one suitable placement or provider. They must also leave each person with a Personal Expenses Allowance (PEA).

Homeowners may also be offered a deferred payment agreement, allowing care fees to be repaid later from the sale of their property or their estate, rather than forcing a home sale during their lifetime. More information is available on GOV.UK – Paying for your own care.

If care needs are primarily health-based, the NHS Continuing Healthcare (CHC) scheme may cover the full cost of care. Where this does not apply, but nursing care is required, the NHS-funded Nursing Care (FNC) payment may contribute towards nursing costs in a care home.

Additional benefits that may apply include:

• Attendance Allowance

• Personal Independence Payment (PIP)

• Carer’s Allowance

Independent guidance is also available from Citizens Advice for those unsure about eligibility or how to apply for financial help.

What is a care fees payment plan personal questionnaire?

A care fees payment plan personal questionnaire is used to gather essential personal and health details about an individual who requires long-term care. This document helps financial advisers, care specialists, and providers understand the person’s needs, circumstances, and preferences before recommending a suitable funding strategy.

The questionnaire is normally completed by the person needing care, or by their authorised legal representative. If the individual is no longer able to manage their own affairs, a Power of Attorney must be registered to allow another person to act on their behalf.

These forms often include:

• Personal and contact details

• Current health conditions and medical history

• Existing financial arrangements, assets, and income

• Care preferences and location

• Information about family members or legal representatives

Accurate and complete information ensures that any care fees plan or funding advice provided is appropriate for the person’s needs, regulatory requirements, and financial position.

What is a Power of Attorney and why is it important for care planning?

A Power of Attorney (PoA) is a legal document that allows one person (the donor) to authorise another person (the attorney) to act on their behalf. It is essential in later-life and care planning, particularly when an individual becomes unable to make financial or health decisions independently.

Under the Powers of Attorney Act 1971, a person can grant someone else the authority to manage their affairs. However, a standard PoA becomes invalid if the donor loses mental capacity, which is often when the authority is needed most. To address this, two modern forms of Power of Attorney now exist under the Mental Capacity Act 2005:

• Enduring Power of Attorney (EPA) – valid only if made before October 2007. These allow attorneys to continue managing financial matters if the donor loses mental capacity, though new EPAs can no longer be created.

• Lasting Power of Attorney (LPA) – introduced in 2007, LPAs cover both financial and health decisions. They must be registered with the Office of the Public Guardian (OPG) before they can be used.

Without a valid Power of Attorney, decisions must go through the Court of Protection, which is slower, more expensive, and more complex. Contrary to popular belief, spouses or family members do not automatically have the right to access a person’s finances or make health decisions without one.

Setting up an LPA early helps avoid costly delays, ensures decisions can be made in the individual’s best interests, and gives clarity to family members during challenging times.

How does care fees planning affect estate and inheritance tax planning?

When planning for long-term care, it’s important to understand how care fees interact with Inheritance Tax (IHT) and estate planning. The aim is often to protect assets for loved ones while ensuring there are enough resources to fund care when needed.

For married couples or civil partners, the use of wills and trusts can play a key role. For example, when the first spouse dies, their share of the estate can be left to children (up to the nil-rate band), reducing the surviving spouse’s assessable assets for local authority funding. Alternatively, a life interest trust can be created to allow the surviving partner to benefit from the estate during their lifetime while still preserving assets for the next generation.

Products such as immediate care annuities and equity release plans may also reduce the value of the estate, depending on the structure and options chosen. However, these can have tax and inheritance implications that need to be considered carefully.

Caution is essential when transferring, gifting, or restructuring assets to avoid being caught by deliberate deprivation of assets rules, which allow local authorities to disregard such transfers if they believe they were made to avoid care fees.

Specialist financial advice is strongly recommended to balance estate planning goals with the realities of care funding, ensuring all actions remain compliant and tax-efficient.

How is my property treated in a care fees financial assessment?

For most people, their home is their largest asset, and it often becomes a key consideration when planning for long-term care. Under the Care Act 2014, the value of a property may be included in a local authority’s financial assessment when determining how much an individual should contribute towards their care fees.

It is a common misconception that a home can simply be gifted or placed in trust to avoid being used to fund care. In many cases, this can be treated as deliberate deprivation of assets, meaning the local authority can disregard the transfer and still include the property’s value in the assessment.

The way a home is owned also affects how it is treated:

• Joint tenants – on death, the property automatically passes to the surviving owner, and the full property may later be assessed for care funding.

• Tenants in common – each person owns a specific share of the property, which can be left to others in a will. This can help protect part of the home’s value for beneficiaries, although it must still comply with deprivation rules.

If a spouse or partner continues to live in the home, the property is normally disregarded from the financial assessment. However, if that person later dies, the proceeds from their share of the property may then be counted towards the surviving partner’s care funding calculation.

Because this is a sensitive and complex area of law, it is crucial to take specialist legal and financial advice before changing ownership or making gifts. Expert guidance can help ensure that all arrangements comply with care funding legislation while protecting family interests wherever possible.

Final thoughts.

Planning how to pay for long-term care can be complex, involving legal, financial, and emotional considerations. Understanding the rules, benefits, and available funding options is the first step towards making confident, informed decisions.

Our advisers specialise in later-life financial planning, including care funding, inheritance protection, and estate management. Whether you’re planning ahead or facing immediate decisions about care, tailored professional advice can help you protect your assets and secure the right level of support.

Discuss your circumstances with a regulated adviser who can help you understand your options and plan effectively for care costs.