Can my father give his house to me?

oldandgrumpy

Thanks for that, Paul. The financial side of caring is a minefeild. You do what seems right at the time and the authorities have a different view in the future. And they all seem to have a different understanding of their own and governments' regulations.

bryanb

If a family member aged more than 60 is living in the property (as their only home) the property may be (usually is) ignored for care payment assessment. Hope this helps.

oldandgrumpy

Bryanb, presumably you mean to add "whoever owns it?" And every bit helps.
Like the quote, bye the way. Tom Lehrer, wasn't it?

localhero

The person requiring care will be means tested and where it is found they deliberately deprived themselves of assets, they will turn to the recipient of that gift for their fees.

That may or may not involve placing a charge on the property.

If a family member aged more than 60 is living in the property (as their only home) the property may be (usually is) ignored for care payment assessment. Hope this helps.

The law says it MUST be disregarded - ditto if your spouse, anybody incapacitated or under 16 lives there.

monkeyspanner

oldandgrumpy wrote: »

Please can someone explain. Under deprivation of assets, I assume that a person who has gifted his house to a family member, will have a charge made aginst the property for his long term care...after he is deceased. If the family member has held absolute title to the property for, say 13 years, will the charge be made against the property? If so, will the property have to be sold to remove the charge, or does the charge wait until the property is finally sold? Can the family member be forced to sell the property to pay the charge, even though it is their sole home?

If a person has to go into a care home and if the council has to assist in funding the cost of the home (if the persons assets including property are £22250 or less). Then the council may look at past financial gifts made by the person going into a care home. They can look back as many years as they like and I believe can recover property from the recipient if the gift has been made in the previous six months. The council would have to demonstrate that the gift was made with the intention to avoid the care home fees. So if the person making the gift is reasonably fit and there is no immediate need or apparent need for a care home and the person is not put in financial distress by the gift, then intent would be difficult to prove. If the council believe there was intent to avoid fees then they can assess the persons assets as though the gift had not been made and refuse to pay fees.

margaretclare

This is an appalling idea. The obvious pitfalls have already been pointed out but...can one ask: is this your father's idea, or yours?

You speak of 'letting him live there rent-free'. 'Letting him' live in his own home!! The condescension of this, the patronising attitude - letting your father live in his home while you are generous enough not to charge him rent? And presumably, a long-term gain for yourself rather than any kind thoughts towards him? I hope that your father will give this terrible idea short shrift. I would.

jem16

margaretclare wrote: »

You speak of 'letting him live there rent-free'. 'Letting him' live in his own home!! The condescension of this, the patronising attitude - letting your father live in his home while you are generous enough not to charge him rent? And presumably, a long-term gain for yourself rather than any kind thoughts towards him? I hope that your father will give this terrible idea short shrift. I would.

Margaretclare,

I realise that you have very strong views on the independence of "older" people. However what I find patronising and condescending is your view that all younger relatives are somehow out to fleece their elderly relatives and once again you have jumped to that conclusion without knowing any of the facts!

For all you know the OP's father may be so against his home being taken from him to pay for his care (whether that is right or wrong is a totally different matter) that he has asked the OP how he can safeguard against it. I know my own mother follows this view and it is all she could think about at one point and no amount of my telling her that I neither want nor need her house would allay her fears.

margaretclare

jem16 wrote: »

For all you know the OP's father may be so against his home being taken from him to pay for his care (whether that is right or wrong is a totally different matter) that he has asked the OP how he can safeguard against it. I know my own mother follows this view and it is all she could think about at one point and no amount of my telling her that I neither want nor need her house would allay her fears.

I realise that I do not know all the facts of this case - how could I? I only know what the OP wrote and this was what I based my response on. The issue of care was never mentioned originally although others have responded with this assumption. From what was written in post #1 we don't know whether the OP's father is in need of care, is in the pink of health, whether the idea came from the father or from the OP. I just think that 'letting someone live in his own home rent-free' is, at best, badly-worded. It is true that I have had bad experiences in the past involving property changing hands between family members, although the issue of paying for care was never involved. It would have been better if the OP had provided more clarification as to why this was even being contemplated.

And yes, I am an older person but no, I do not give a single thought to what you say is a common worry of my age-group! Does that make me unusual, and should I be worrying?

jem16

margaretclare wrote: »

It would have been better if the OP had provided more clarification as to why this was even being contemplated.

That is true. However I feel it is also fair to the OP not to jump to conclusions as to their reasons for posting and condemn them outright as your post did.

And yes, I am an older person but no, I do not give a single thought to what you say is a common worry of my age-group! Does that make me unusual, and should I be worrying?

Everybody is different. It doesn't worry you and that's fine. However it does worry a lot.

cyclonebri1

margaretclare wrote: »

I realise that I do not know all the facts of this case - how could I? I only know what the OP wrote and this was what I based my response on. The issue of care was never mentioned originally although others have responded with this assumption. From what was written in post #1 we don't know whether the OP's father is in need of care, is in the pink of health, whether the idea came from the father or from the OP. I just think that 'letting someone live in his own home rent-free' is, at best, badly-worded. It is true that I have had bad experiences in the past involving property changing hands between family members, although the issue of paying for care was never involved. It would have been better if the OP had provided more clarification as to why this was even being contemplated.

And yes, I am an older person but no, I do not give a single thought to what you say is a common worry of my age-group! Does that make me unusual, and should I be worrying?

Only 'cos you've posted it twice MC;) :rotfl:
I jest, sorry;)