Updated October 2026. Figures are for 2026-27.
If you or a parent may need a care home, the family house is usually the biggest worry. Here is how Scottish councils assess it, why giving it away can backfire, and what a care fees solicitor can legitimately do.
For most families, the house is the biggest asset they own. It is also the thing people worry about most when a parent or partner needs residential care. "Should we put it in the children's names?" is one of the questions we hear most often.
It is an understandable instinct. But in Scotland it is often the wrong answer, and it can leave the person who gave the house away worse off than if they had done nothing.
Worried about care fees and your home? Speak to a solicitor before you move, sign or gift anything. Call 01389 756785 or contact us online. We act for families in Alexandria, West Dunbartonshire and Stirlingshire.
How does the council assess my house if I need a care home in Scotland?
If you need permanent residential care, the council carries out a financial assessment. Your house counts as capital, as do savings and investments. For 2026-27 (from 6 April 2026):
Your capital What happens
Above £36,750 You pay the full cost of the care home yourself
£22,750 to £36,750 You contribute £1 a week for every £250 (or part of £250) above £22,750, and the council pays the rest
Below £22,750 Your capital is ignored
In practice, most homeowners are well over the upper limit, so the value of the house puts them in the self-funding group.
Personal and nursing care is separate. Where you are assessed as needing it, free personal care (£260.30 a week from 1 April 2026) and free nursing care (£117.10 a week) are paid whatever your assets. They help with the bill, but they do not cover the care home's whole fee, which usually runs to many thousands of pounds a year.
When is the family home not counted?
The rules do give some protection. Your home is generally disregarded:
For the first 12 weeks of a permanent stay in a care home.
If your stay is temporary.
If your husband, wife, partner or civil partner still lives there.
If a relative lives there who is aged over 60, is incapacitated, or is a child under 16 whom you are responsible for supporting.
The council also has discretion in some cases, for example where an adult child has moved in to look after you.
Two points are often misunderstood. The council cannot force you to sell your house. But if the house counts and you have no other way to pay, it may put a charging order over it, or you may agree a deferred payment arrangement. Either way, the debt is repaid from the property eventually, so a sale often becomes the practical outcome.
Can I give my house to my children to avoid care fees?
This is the heart of the matter, and the honest answer is: you can, but it is risky and often fails.
There is no "seven-year rule" in Scotland. That phrase comes from inheritance tax and is widely misapplied to care fees. A council can look at a gift made years ago. If it decides that avoiding care costs was a significant reason for the transfer, it can treat you as still owning the asset. This is called "deliberate deprivation of assets" or "notional capital". You would then be assessed as if you still had the house, while no longer owning anything you could sell to pay for care.
There is a particular risk for gifts made shortly before going into care. For transfers in roughly the six months before admission, the council can pursue the person who received the gift for the money.
There are also risks that have nothing to do with the council:
You lose control. The house becomes your child's. If they divorce, become bankrupt, fall out with you or die first, your home is exposed.
You may be living in someone else's property. Your security depends on a relative's goodwill.
Tax can bite. Giving away your house may create capital gains tax and inheritance tax problems for the family.
For all these reasons, a gift of the house made once care is already on the horizon is rarely a sensible plan. That does not mean nothing can be done, only that what works is different.
How can a care fees solicitor protect the family home?
No arrangement is guaranteed, and a council will always look at the purpose of what was done. But several steps are lawful, practical and worth taking while you are well. This is the work we do for families.
1. A Will with trust provisions (often called a liferent Will). This is the most useful tool for married couples and partners who own their home together. Instead of leaving everything outright to each other, the first to die leaves their share of the house in a trust. The survivor has the right to live there for life, and the share is protected for the children or other beneficiaries. Because the survivor never owned that share outright, it can be shielded from their own future care assessment, and it is far less vulnerable to challenge than a lifetime gift.
It has real limits. It protects roughly half the value of the home. It does nothing if both partners need care at the same time. It also depends on how the home is owned, so the title deeds sometimes need changing first, and the drafting needs care. A standard "everything to each other" Will will not do the job.
2. A Power of Attorney, in place before it is needed. Without one, if you lose capacity your family may need a guardianship order from the sheriff court to deal with your finances, which is slower, more expensive and more intrusive. A Power of Attorney lets someone you trust deal with the house, pay the care fees and speak to the council. See our page on Powers of Attorney.
3. A check on how the house is held. Joint ownership, special destinations and old deeds can cut across what your Will says. Many people discover this too late.
4. A review of the council's assessment. Councils sometimes miss a disregard that should apply, such as a relative living in the house. We can review an assessment and tell you whether it looks correct.
5. Starting early. Wills and Powers of Attorney can only be signed by someone with legal capacity. Once a person has been diagnosed with dementia, the choices can narrow quickly or disappear. If you are thinking about this, the best time is now.
What if my parent has already lost capacity?
Then a Will can no longer be made for them, and a Power of Attorney cannot be signed. If there is no Power of Attorney in place, the route is usually a guardianship application to the sheriff court. We can guide families through that, and explain how the care home assessment will treat the house. The options are narrower, but it is still worth getting advice before anyone moves or sells anything.
Why families choose Jonathan Paul Solicitors
Experience. Our principal, Jonathan Paul, has practised as a solicitor for over 25 years, and the firm has served this area since 2015.
Local. We are in Alexandria and understand how West Dunbartonshire, Stirling and Argyll and Bute councils approach assessments.
Convenient. We can see you at our office, by video, or at your home. Adult children are very welcome to come along.
Clear costs. Fees are agreed in writing before we start.
What do we ask at a first meeting?
To give useful advice we usually need to know:
who owns the house, and in what names;
who lives there now;
what other savings and investments there are;
the health of the person who may need care;
whether Wills and Powers of Attorney already exist.
Often the best advice is simply that one document needs updating, and we will tell you if you do not need to do anything more.
How much does care fees planning cost?
We agree our fees in writing before we start.
Mirror Wills for a couple: £300 (£250 plus VAT)
Power of Attorney (one person): £519 (£350 plus VAT plus the registration fee)
Will and Power of Attorney together: £639 (£450 plus VAT plus the registration fee)
A Will with trust provisions to protect the home is more involved than a standard Will, so we quote a fixed fee for it after an initial conversation. The Power of Attorney registration fee is currently £99. You can see our full prices on our Our Fees page.
Care fees solicitor in Alexandria, West Dunbartonshire and Stirlingshire
We help families with Wills, Powers of Attorney, guardianships and later-life planning across Alexandria, Balloch, Dumbarton, Helensburgh, Loch Lomondside and the villages of West Stirlingshire, including Killearn, Drymen and Balfron. Whether your parent's care is handled by West Dunbartonshire, Stirling or Argyll and Bute Council, the principles are the same, and we know how to deal with each.
You can see us at our office at 102 Main Street, Alexandria, by video, or at your home.
Call 01389 756785 or contact us online to arrange a time. If a parent is about to move into care, tell us when you call so we can see you quickly.
Frequently asked questions
Can the council take my house to pay for care in Scotland?
Not directly. The council cannot force a sale. But your house counts as capital in the financial assessment, and if you cannot otherwise pay, the council can place a charging order over the property or agree a deferred payment, so the debt is repaid from it in the end.
Is there a seven-year rule for care fees in Scotland?
No. A council can look at a transfer made at any time. What matters is whether avoiding care costs was a significant reason for it, and gifts made shortly before care carry extra risk.
Is my house safe if my husband or wife still lives in it?
Generally, yes. The house is disregarded in the assessment while a spouse, partner or civil partner still lives there. The risk arises later, when the surviving partner needs care, which is where a Will with trust provisions can help.
Is care in Scotland really free?
Personal care and nursing care are free where you are assessed as needing them, but the accommodation and living costs of a care home are not. Most homeowners therefore still pay a substantial part of the fee.
Can a trust protect my house from care home fees?
A properly drafted trust in a Will can protect a share of the home for your family, and it is much safer than gifting the house during your lifetime. No trust gives an absolute guarantee, and it will not help if both partners need care at the same time.
Should I see a solicitor before my parent moves into a care home?
Yes, if you can. Before anything is signed, sold or transferred, a solicitor can check whether the house will be counted, whether any disregard applies, and whether a Power of Attorney is in place.
Do I need a Power of Attorney before I need care?
It is strongly advisable. Without one, your family may need a guardianship order to manage your finances if you lose capacity.
Does a liferent Will protect the whole house?
No. It generally protects the first partner's share, so roughly half the home's value, and it does not help if both partners need care.
Further reading
Scottish Government, Charging for Residential Accommodation Guidance (CRAG), 2026: https://www.publications.scot.nhs.uk/files/ccd2026-01.pdf
This article is general information about the law in Scotland and is not legal advice on any individual case. No arrangement can guarantee that your home will not be counted in a care fees assessment, and each council applies the rules to the facts of the case. The figures described apply for 2026-27 and are revised each April. The law described is correct as at the date of publication.