Combining the skills and knowledge of several departments, we have successfully built a team and network of supporting experts who can collectively handle all aspects of involvement with a care home. Incorporating financial, operational and ethical guidance, any aspect of law that affects or relates to the care industry is covered, including advice for those looking to buy or sell a business in this sector.
Acquisitions and Disposals
Purchasing or selling a care home involves a variety of financial considerations and as such advice on the most efficient way to structure an agreement is an essential service that we offer. Taxes, property and transfer of employees are all subject to individual laws and therefore require detailed understanding to effect the transfer in a manner which meets your needs whilst at the same time remains within relevant legislation. Our thorough process in working through such a transaction provides reassurance that all of the necessary issues are addressed and that transparency is achieved, allowing you to gain complete understanding of how an agreement can be structured.
Funding and Securities
From our experience in advising both buyers and lenders we can provide full support and independent advice in structuring a funding agreement for acquisition, expansion or re-financing of a care home. For all parties involved, drafting an arrangement that is clear, secure and well-structured is paramount and we work on creating the necessary documentation to achieve this.
Care is an industry of people and as such there is a large requirement for contractual agreements to be established between all kinds of individuals and interested parties. Ranging from agencies and staff to local authorities, regulators and residents it will be essential that the contracts between the company and the various third party offers you robust protection should you ever need to call upon it.
Registration and Regulation
Standards of care and of care homes are regulated by specific legislation and as such, all care providers must be registered in accordance with the guidelines that are laid out within these relevant laws. In order for registration to be confirmed and maintained, minimum standards have to be achieved. Franklins are able to offer useful information and advice on how a care home should be run in accordance with these regulations and are able to provide representation in the event of a Tribunal hearing.
When a care home is established, confidential information is provided as part of the process. Unless supported by a properly drafted confidentiality agreement, such information is not protected and may be revealed outside of the negotiations. Our expert solicitors are able to create such documentation to protect this valuable information.
With a property being an essential element of setting up a care home, advice and expertise about the correct way to finance, maintain and develop a property is an area in which we can offer unrivalled support. Working with major lenders and understanding the complexities of property law, our team is able to guide those looking to utilise existing property whether through purchase or lease, as well as landlords or commercial property developers planning to develop and dispose of new development projects. Relationships with excellent commercial and specialist surveyors allow us to call on their expertise to highlight potential issues before they become a problem and building possible further investment required into the negotiations.
Taking professional advice on staffing and employment for a care home can prevent easily avoidable problems in a specialist business such as a care home. Due diligence is required in relation to areas including Working Time Directives, TUPE and agency worker legislation. There is multiple legislation that will have a direct impact on the way in which almost every care home manages its staff, so it pays to have advice that you can trust.
Health & Safety
Affecting both residents and staff, Health & Safety is always on the agenda for a care home and the daily practices within the home must meet the minimum standards set out by government legislation and professional bodies. There is vast potential for risk within a care home environment; physical, biological, chemical and environmental. Managers have a responsibility to ensure these risks are minimised or removed entirely wherever possible. Franklins can assist with highlighting the regulations that you must meet as well as recommendation for workforce training as required. In instances where legal proceedings take place on the grounds of Health & Safety we can also provide representation during an investigation or in court.
Wills, Tax and Lasting Power of Attorney
For those in ownership of a care home as a business, the manner in which assets, tax and inheritance is managed is an important consideration. However understanding the manner in which the financial affairs of a resident are handled is an important part of a care home’s business. Lasting Power of Attorney, which gives one or more person the legal right to make decisions about their financial affairs and personal situation, provides care homes with a point of contact for serious decisions about residents. Consequentially having these relationships in place can prevent confusion, delay and mistakes. Franklins can advise in matters relating to this responsibility, including application to the relevant protection authorities if an individual cannot be assigned the role.
Care homes are governed by specific regulations set up for the industry. This means that the law in this area is very specific and designed to maintain good practices for the benefit of staff and residents. The Care Standards Act 2000 demands that care homes are registered and it allows for inspections to be carried out of both documentation and the home itself by the relevant authorities. There are additional regulations that cover issues related to how a care home is run. Combined with employment law and Health & Safety, there are a great number of legal obligations set out for this sector and for this reason we always advise seeking professional advice for questions you have about the law in relation to care homes.