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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

Caring for your future

As we are all aware people today are expected to live far longer than our ancestors. The number of people in Scotland over 70 is expected to grow significantly over the next 20 years. This means that we are likely to have, or may already have, elderly relatives who may require assistance and support as they get older. In an ideal world, we would all live long and healthy lives and die at home however, as we are all too aware we do not live in an ideal world so what options are available?


The issue of care for the elderly has been on the political agenda in Scotland for a number of years. The 2020 vision, which applies to the NHS as a whole, envisages that by the year 2020 people should be enabled to stay in their own home or a homely setting for as long as possible with hospital stays kept to a minimum. As part of this vision in Scotland, 2016 saw the integration of health and social care leading to 31 Health and Social Care partnership areas in Scotland being set up. One of the aims of this integration is to place a greater emphasis on enabling people to stay at home for as long as possible. We should expect to be an active participant in decisions regarding care and be involved in deciding upon the care they receive.

There are several options for long-term care which include;

  • Care at home, where carers come to you and assist you to live in your own home.
  • Sheltered housing, where you have your own flat but there are communal areas and a warden.
  • Very sheltered housing where there are a team of carers to help you and meals are provided.
  • A Care Home will provide extra support in a live in environment, with meals provided and help with daily tasks.
  • Finally there are Nursing Homes and specialist Nursing Homes which differ from care homes as there is qualified nursing staff available 24 hours a day. Specialist Nursing Homes are registered for specific care needs for example dementia, Alzheimers or Parkinson’s.

If a care home becomes necessary what other things need to be considered? The question of payment for a nursing home is often a cause for concern. The capital limits, as at April 2016 were an Upper Limit of £26,250 and a Lower Limit of £16,250. If you are assessed as having assets over the Upper Limit you are considered to be self-funding apart from free personal and nursing care. If you have capital below the lower limit you will be entitled to receive help.

Finances aside how do you pick a suitable care home, what factors should you consider?

Firstly location is the home somewhere that friends and family will be able to visit easily.
What facilities are available? How big are the rooms? Can residents bring their own furniture? What are the meals like? Are mealtimes flexible? Are there visiting services such as a hairdresser or chiropodist?

What is the home like? Is it well maintained? Are there gardens?

What are the staff like? Are they friendly and helpful? Can you talk to other residents and see how they find it? You may wish to look at the Care Inspectorate reports. If possible visit a few different homes and get a feel for them – would you be happy to stay there?

If you have any concerns regarding the future funding of care home costs we are always available to talk you through your options.

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