What is the Care Home Fees Trap?

In the 1990s no one worried about care fees. They were usually affordable and paid out of income, such as from a person’s state pension and any benefit entitlement. Sadly, all this changed in the millennium and since 2000, according to the Daily Express (Sep 19 2019), as many as 330,000 people have been forced to sell their homes to pay for their care fees.

Boris Johnson’s plan to reform the Care Home Fees Trap with a cap of around £85,000 was kicked into the long-grass and will not be implemented by the new Labour Government, elected in July 2024.

However straight forward and affordable action can be taken NOW to protect your family home for your children and grandchildren.

If you or your parents own your own home, you should be aware of the Care Home Fees Trap and the upset that it causes if the family home has to be sold to pay for a loved one’s elderly residential care fees.

As a solicitor for over 30 years, I have regretfully seen at first hand the devastating consequences of the care trap.

This may be because the husband and wife have outdated Wills in place which fail to protect the family home, or no Wills have been made.

Anyone with savings over £23,250 (which includes the value of the home), is expected to fund their own residential care, which may cost well over £60,000 each year in 2024.

The good news is that if a husband & wife (or partners) have the right Wills in place, then considerable protection from care fees can be achieved. Sensible financial planning is also required, such as owning their homes as tenants in common.

For free telephone expert legal advice about the best Will for you or your loved ones, please contact me on

(01924) 965570 or (07803) 276780 for a friendly chat and to arrange an appointment if you wish to take this further.

Robert Howard Solicitor

Updated 2024