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In England in 2010 there were approximately 346,000 people living in care homes. Of those over 65, about 40 per cent were self funding. The trend for residents to be self funding has been upwards, the result of greater wealth and increasing house prices. The capital limits for means testing have not kept apace. The result has been that more and more people are finding that they must contribute to their care fees or pay in full. In the meantime local authorities are facing substantial funding cuts leading them to see revenue maximisation as a priority. The result is increasing numbers of clients approaching private client lawyers for advice both about so called 'care fees planning' and resolving disputes with their local authority about assessments for such fees. The 2005 edition of this book soon became recognised as the leader in its field but with the elapse of time requires bringing up to date. The new edition has been substantially rewritten and includes an expanded section regarding fee issues affecting self funders, including the new regulatory requirements with regard to contracts, a discussion of unfair contract terms and eviction. It contains a detailed review of the case law relating to asset deprivation. It takes account of the increasing divergence between English and Welsh law and practice following devolution. The authors have also recognised the central importance of a proper understanding of community care law when advising on the subject of care fees funding. This updated work has therefore been expanded to include new or more comprehensive sections on: The legal responsibilities of the NHS and local authorities to provide care and the right to independent living; Choice of accommodation and top up funding; Challenging local authority deprivation decisions; Valuation of capital shares; Remedies; NHS continuing care; and Funding under Section 117 Mental Health Act 1983. Whilst being substantially updated the book retains the essential insights into private client law of the first edition. Coldrick on Care Home Fees is thus set to retain its deserved status as a must have on the shelves of the modern private client lawyer.
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