As we grow older, many people worry about what might happen if they require long-term nursing or residential care. In Northern Ireland, these costs can be substantial, and families are often unsure about what financial support might be available or whether their home and savings could be at risk.

At Worthingtons, our Estate Management team regularly advises clients on how to plan ahead and protect their assets in a way that is fair, lawful, and tailored to their circumstances.

Who Pays for Nursing Home Care?

In Northern Ireland, the cost of care is means-tested by your local Health and Social Care (HSC) Trust. This assessment looks at both your income (including pensions and state benefits) and capital (such as savings, investments and property owned).

Under the current rules, if you have savings or assets over a total value of £23,250, you’ll generally be expected to pay the full cost of your care, unless or until your capital falls below that threshold. The value of your home is usually included in the assessment calculation unless certain exemptions apply — for example, if a spouse, partner, or dependent relative still lives there.

Can You Legally Protect Your Home or Savings?

There are lawful and responsible ways to plan for future care needs, but it’s important to understand that deliberate deprivation of assets — that is, giving away property or money specifically to avoid care fees — can be challenged by the HSC Trust.

If a gift or transfer is made when it is reasonably foreseeable that you will require care in the near future, then clearly that would be considered an intentional disposal of assets, and the value of the property or money given away would be included in the assessment calculation.  You will be treated by HSC Trust as if you still own those assets.  

If however, you make gifts when you are healthy and independent, and have no reason to suspect that you will require care in the future, and the gifting is undertaken as part of a broader estate planning strategy, it is less likely to be considered a deliberate deprivation. The key is therefore timing and intention.

Strategies for Sensible Care Costs Planning

1. Make a Will and Plan Early
   A well-drafted Will and early advice from a Solicitor on estate planning can help structure your assets sensibly, including how your home and savings are owned.
2. Review Property Ownership
   If you jointly own your home, consider holding it as tenants in common. This allows you to leave your share to someone other than your spouse (e.g. to your children or into a trust) rather than automatically passing it on under survivorship rules.
3. Consider a Trust Arrangement
   In some cases, creating a trust can be an appropriate way to protect family assets. However, this is a complex area of law and must be handled carefully to comply with deprivation rules and tax implications.
4. Make an Enduring Power of Attorney
   Putting an Enduring Power of Attorney (EPA) in place ensures your financial affairs can be managed responsibly, by someone you trust, if you lose mental capacity.  This will help ensure decisions about care funding can be made quickly and efficiently, if required.

What Not to Do

While it’s natural to want to protect what you’ve worked for, be cautious about:

• Gifting your home or large sums of money without professional advice
• Transferring property to children or relatives without fully considering the tax and legal consequences
• Relying on unregulated advice from well-meaning friends or online forums

Such actions can cause major problems later, including tax liabilities, benefit issues, and family disputes, and may not achieve the desired outcome in any event.

Seek Professional Advice Early

Every family’s circumstances are different, and the right approach depends on your health, assets, and long-term wishes.

A solicitor experienced in elder law and estate planning can help you:

• Understand your rights and options under Northern Ireland’s care rules
• Review your assets and family circumstances
• Put sensible and lawful planning steps in place
• Ensure your documentation — Wills, EPAs, and Trusts — are properly prepared

How We Can Help

At Worthingtons, our Estate Management team helps individuals and families across Northern Ireland with:

• Future care and capacity planning
• Enduring Powers of Attorney
• Wills and Estate planning
• Trusts and asset protection

We believe in proactive, ethical planning that gives you confidence and control over your future.

If you’re concerned about the cost of nursing home care or want to plan ahead, speak to Nikki McConnell, Partner and Head of our Estate Management Department, or one of her experienced team of legal executives on 028 9181 1538 or e-mail at [email protected]