Supporting long-term growth in the Care Sector

Trusted legal partner for complex care home acquisitions

Tracey Dickens, Partner in the Company Commercial team at Tees, has been a trusted adviser to acquisitive care home operators for over two decades – helping them expand and adapt in a highly regulated and evolving sector.

One longstanding client, a well-established care home provider, has worked with Tracey for more than 20 years. Over this time, Tracey has supported the business through numerous acquisitions – successfully completing up to three transactions per year in some instances. This long-term relationship reflects both Tracey’s deep understanding of the care sector and her ability to deliver clear, commercial advice under tight deadlines.

A particularly complex element of these transactions involved working closely with the provider’s American Real Estate Investment Trust (REIT), which often acted as a “double-headed” buyer. Under this structure, Tracey’s client would acquire the operating company while the REIT acquired the underlying care home property. This required close coordination with the REIT’s legal team and a tailored approach to transaction documents.

Tracey led the development of bespoke documentation designed to address the nuances of this deal structure – ensuring both parties’ interests were protected, compliance obligations were met, and transactions could proceed smoothly.

Thanks to Tracey’s expertise and collaborative approach, her client has continued to grow its care home portfolio with confidence, backed by a legal partner who understands both the sector and their strategic objectives.

Asset protection through Personal Injury Trusts

Securing financial stability after medical negligence

Miss A faced severe health challenges due to complications from a medical negligence case. Her condition limited her ability to work, creating uncertainty about her future employment prospects. With a young child to care for, Miss A needed financial security and the flexibility to access state benefits if necessary.

At our firm, we provided tailored legal guidance to help her establish a Personal Injury Trust (PIT). This solution ensured her compensation would be protected, allowing her to retain eligibility for means-tested benefits.

Background

Our clinical negligence team successfully represented Miss A, securing a six-figure settlement. Her goal was to purchase a home near her mother to receive family support. We recommended creating a Personal Injury Trust to safeguard her compensation. Funds held within a PIT are disregarded under means-testing rules, protecting Miss A’s entitlement to benefits.

Challenges

While the settlement brought financial relief, it also posed challenges. Without proper structuring, her compensation could have affected her eligibility for state support. Additionally, the risk of needing future residential care presented further concerns regarding the protection of her assets.

Our Solution

We advised Miss A on the establishment of a suitable Personal Injury Trust, appointing co-trustees to manage the funds responsibly. When she identified a property for purchase, it became evident that the transaction had been initiated in her sole name, risking the integrity of the trust arrangement.

Our legal team intervened promptly, ensuring the property was acquired in the trustees’ names. This step preserved the property within the trust, maintaining its status as a disregarded asset. In the event Miss A requires residential care in the future, the property’s value will be protected from local authority means tests.

Outcome

Through our expertise, Miss A achieved her goal of securing a comfortable home for her and her child, close to her family. The Personal Injury Trust offers her peace of mind, knowing her financial future is safeguarded while maintaining access to essential state benefits.

If you or a loved one are navigating the complexities of a personal injury settlement, our team is here to help. Contact us for free, confidential advice on medical negligence claims and asset protection strategies.