Deprivation of Assets
✓ Specialist Deliberate Deprivation of Assets Solicitors
✓ Clear legal advice on care fees and defending deprivation claims
✓ Trusted guidance on asset planning and care funding rules
Deprivation of Assets Solicitors
Facing concerns over deprivation of assets can be distressing, especially during an already difficult time when care decisions are being made for yourself or a loved one. Whether you're planning for future care or dealing with a sudden need for support, uncertainty around what will happen to your home or savings can be overwhelming.
At Farnworth Rose Solicitors, we provide clear, practical and compassionate legal guidance to individuals and families navigating the complex area of care funding and deprivation of assets. With over 35 years of experience advising clients across England and Wales, our expert solicitors are trusted by families to safeguard their interests while ensuring compliance with the law.
Our role is to help you understand your rights, plan sensibly for the future, and challenge unfair or unfounded decisions when they arise. Whether you’re concerned about past gifts or are planning to help a family member financially, we’ll work with you to find the right path forward, professionally, sensitively, and with your best interests at heart.
Call us today on 01282 695 400 or complete the form below to speak with one of our specialists.
Why Choose Farnworth Rose for Advice on Deliberate Deprivation of Assets?
When you instruct Farnworth Rose, you benefit from the support of a highly experienced team who understand both the legal and emotional complexities of care funding.
Our solicitors are recognised for their skill in advising on deprivation of assets, care fee planning, and the broader financial assessments conducted by local authorities. We offer far more than just legal knowledge, we provide the empathetic, holistic support needed during a stressful and often deeply personal period of life.
Our team includes dedicated care and estate planning professionals who regularly deal with allegations of deliberate deprivation. We understand how Social Services interpret the Care Act 2014 and use that insight to challenge incorrect decisions, defend your rights and help you plan responsibly.
When you choose Farnworth Rose, you are choosing:
Experts in Care Act 2014 interpretation and social care funding law
Transparent, honest pricing with no hidden fees
A client-first approach based on compassion, clarity, and respect
Direct access to the solicitor handling your matter
Whether you’re seeking reassurance about a gift you wish to make, or are already facing allegations of deliberate deprivation, we’re here to support you at every stage.
What is classed as deprivation of assets?
Deprivation of assets occurs when someone deliberately reduces their wealth to avoid paying for care. This could involve giving away money or property, placing assets into a trust, spending large sums unusually, or selling belongings for less than their true value. Even helping a family member with a house deposit, if done close to the time care becomes necessary, can raise red flags.
If a local authority suspects that a gift or transfer was made with the intention of securing financial support, it may treat the asset as if you still own it. This is known as "notional capital". There’s no fixed timeframe for when a transaction becomes a concern—unlike the seven-year inheritance tax rule. Instead, the focus is on the intention behind the action and whether your care needs were already foreseeable.
Not every gift will be classed as deprivation. Social Services must consider a range of factors, including the timing and context of the transfer, your care needs at the time, any patterns of previous gifting, and any legitimate reasons behind the decision. However, some councils apply the rules rigidly, making it crucial to seek legal advice if concerns arise.
How can we help with allegations?
Facing an allegation of deliberate deprivation can be incredibly stressful, especially when decisions made in good faith are being challenged. At Farnworth Rose, we are here to offer clear, expert support to protect you and your loved ones from unfair treatment or escalating care costs.
Our experienced solicitors will review your individual circumstances and provide tailored advice on your position. If you’re under investigation or have already been accused of deprivation of assets, we can help by:
Assessing the facts and advising on your chances of success;
Challenging the local authority’s decision on your behalf;
Negotiating a fairer care funding arrangement—even where full success may not be possible;
Advising Attorneys or Deputies on lawful asset management to prevent future issues;
Supporting you in liaising with the Office of the Public Guardian, especially if allegations of financial abuse have arisen.
We understand the pressures families face when navigating the care system, and we’re proud of our success in overturning deprivation findings and securing fair outcomes for our clients. With Farnworth Rose by your side, you can be confident that your rights and finances are being expertly protected.
Frequently Asked Questions About Deliberate Deprivation of Assets
+ What is deprivation of assets in care funding?
Deprivation of assets is when someone intentionally reduces their assets, such as by giving away money or transferring property, primarily to avoid paying for care. If proven, the local authority may treat the person as still owning those assets and refuse to fund their care.
+ What happens if the local authority finds evidence of deprivation during a financial assessment?
During a financial assessment (also known as a means test), local authorities will examine your income, savings, and assets—including a review of financial transactions that may go back several years. If they identify a significant drop in capital shortly before your assets fell below the £23,250 threshold, and believe this was done to avoid care fees, they may:
- Refuse to contribute towards the cost of your care;
- Class the gifted or transferred asset as “notional capital”, effectively treating it as if you still own it;
- Pursue recovery of care costs from the person who received the asset, a process known as third-party liability.
If you’re concerned about how past financial decisions might be viewed, it’s important to seek expert legal advice as early as possible.
+ Can I give money to my children without it being classed as deprivation?
It depends on the timing, amount, and reason for the gift. If you were fit and healthy with no foreseeable care needs, the gift may be legitimate. However, if it’s close to a care assessment, it may raise concerns.
+ Is putting my house in trust deprivation of assets?
Yes, it can be if the main purpose of the trust is to avoid care fees. Even though ownership changes legally, the council may still treat you as owning the house unless there’s a compelling alternative reason for the transfer.
+ Can the council take money back from my children?
In some cases, yes. If deprivation is proven, the local authority can pursue the person who received the asset (known as the donee) to recover some or all of the care fees.
+ What should I do if I’m accused of deprivation of assets?
Seek legal advice immediately. A solicitor can review the decision, explain your options, and help challenge incorrect or unfair assessments.
Meet the Team
Deliberate Deprivation of Assets Solicitors
Facing deprivation of assets allegations or planning your financial future responsibly can feel overwhelming but Farnworth Rose is here to guide you with expertise and empathy.
Our deprivation of assets solicitors in Burnley are committed to providing exceptional levels of client care and will work closely, considerately and strategically with you to help you find the best solutions to whatever challenges you face.
Our record of achievement and depth of experience make us the leading deprivation of assets Solicitors in Lancashire. We regularly help clients with deprivation of assets and care fee planning matters in Preston, Manchester, Blackburn, Rochdale, and Bolton, as well as across the Pennines in Bradford, Huddersfield, Skipton, Keighley and beyond.
To speak with one of our specialists, call us now on 01282 695 400 or complete the form below, and we’ll be in touch.
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