Disposal of assets?

geri1965_2

Sorry, not sure if this is the right board for this question, so apologies if it's in the wrong place.

My nan has been bedridden for many years now, she is 86 and my grandad, who is 87, has been her carer (with some help from social services).

About a year ago, he gave away most of his savings to my mum and her siblings.

This weekend my grandad had a stroke, he is in hospital and not expected to survive. My nan is being moved to a care home as there is nobody to look after her (she needs 24 hour care).

My OH reckons that the state can get back the money he gave away last year to pay for the cost of the care home - this can't be right, can it? My mum is a pensioner herself and she has spent that money.

seven-day-weekend

If they decide that he gave away his money in order to try to avoid care home fees, then they can indeed reclaim the money, but they do have to prove this.

However as it is not him in the care home, this probably will not apply.

Take advice from CAB or a similar organisation.

http://www.fundingcaring.co.uk/giving-away-assets-to-avoid-paying-for-care.html

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geri1965_2

But neither of them was in a care home at the time, not as there any suggestion that they would be. At what age does it cease to be alright to give your kids money?

Ah - the CAB site says this:

If you gave away money or went on an extravagant holiday a while ago, before a care home was imminently on the cards, you won’t need to worry.

I think I can safely tell my OH he is talking nonsense.

Oldernotwiser

I have to say that for someone of 86 , with a bedridden spouse of 85, giving away assets is very likely to be looked on as deprivation of capital. How much money are you talking about and do they own their own home?

seven-day-weekend

Oldernotwiser wrote: »

I have to say that for someone of 86 , with a bedridden spouse of 85, giving away assets is very likely to be looked on as deprivation of capital. How much money are you talking about and do they own their own home?

This is what I thought, as it may be deemed quite likely that one or both of them would be likely to need residential care in the near future.

However, if he only gave away HIS money/assets, and he is not the one in the home, the deprivation rule may not apply and thet is why I suggested the OP took legal advice.

calleyw

The OP does not mention if there was a house and who's name it was in. And if it was given away where have they be living?

I agree SDW I think your mother and siblings need to get some proper legal advice.

Yours


Calley

seven-day-weekend

Unfortunately it appears the OP does not want to believe the answer as she says she is going to tell her husband he is talking nonsense.

geri1965_2

It's OK, he's used to me telling him he talks nonsense

No, they don't own their house, it's a council house. I think he gave my mum and her brothers and sisters a few grand each.

My mum knows nothing about this so I'm not going to scare her by telling her to take legal advice.

seven-day-weekend

If it was just a 'few grand', in other words less than £13,500 and that was the extent of his savings, then there should be nothing to worry about.As they don't own their home they do not have this as an asset to be counted in the means test.

Oldernotwiser

seven-day-weekend wrote: »

If it was just a 'few grand', in other words less than £13,500 and that was the extent of his savings, then there should be nothing to worry about

Probably depends on the definition of " a few" and how many brothers and sisters there are.

geri1965_2

Well, my mum got two grand and she has two brothers and two sisters, so it sounds as if he gave away about £10,000.