We're worried that our house can be sold to pay for health care.

Arrem

We are married, both of us are fit and well but worry if we should be taking steps to secure our property for the benefit of our children after we die. Although we have very little by way of savings, the house is bought and paid for.
The more we read, the more we get confused. Our particular concern is that in the event that one of us has to go into full time care.
1. Can the other partner be compelled to sell our house to pay for the health care of the other?
2. Should that second (or surviving ) partner then have to go into full time care can our house be compulsorily sold to pay for the health care of that partner?
3. When we took out a funeral plan earlier this year, the representative from Golden Charter left a booklet with us about a "Family Protection Trust". We've both read it but although it appears to protect our needs we still dont understand what a Family Protection Trust is? Can anyone please tell us in lay terms what it is and what the pro's and cons's of such an arrangement might be?

Person_one

If one you needs care, the other can't be forced to leave their home.

If the second partner then needs care, yes, the home is an asset that can be used to pay for that care.

Homes are for living in, if you can't live in it anymore why shouldn't it go towards the cost of your care?

BitterAndTwisted

It's not health-care that needs to be funded personally: the NHS provides that. It's personal-care over and above any health-care that needs to be funded. It's not the NHS's responsibility to provide a free service to enable people to dress, bathe and cook for themselves. If a person is too infirm to do those, then that's what the charges are for if the local authority won't fund it.

I suggest you have a close read of the Age UK's website which is very simple and clear to understand. They also provide guidance on how to avoid losing a home which an older or infirm person needs. Forget about leaving a legacy to your children: assets are for the living to use for their own comfort and security. If you saw some of the funded care-homes you'd be glad to have the means to be somewhere else. And I expect your children would be too if they're not happy to provide what care you may need themselves.

Nicki

I agree with BitterandTwisted. If you give away your assets now, you leave yourself with no choices if you do become old and infirm and in need of care when you are at your most vulnerable.

I am sure you trust your children. However, worst case scenario, is you put the house in your daughter's name now. She has a will which leaves everything to her spouse (or dies intestate and it goes to her spouse anyway). She dies in ten years time in a freak accident, and the house goes into your son in law's name. He remarries someone with kids and commitments of their own, and although the son in law is a nice guy, his new wife does not see at that distance why he should top up your costs to put you in a nicer home than you are in. Maybe the son in law has lost his job and the new wife and family need all the money to support their own lifestyle, even though son in law feels bad and that he has a moral responsibility to you. Or he doesn't feel that responsibility because his wife's early inheritance from you just blended with her insurance policies and other assets in his mind, and became part of his inheritance. The management of the home you are in changes, and you are no longer happy with the care you are getting, but have no assets at your disposal to give you a full choice of alternative homes and are too frail by that point to do much research into your options or to visit alternatives. You live on for another 10 to 15 years feeling trapped somewhere you'd rather not be.

Taadaa

Can I also point out that any assets given away in the past seven years immediately before the person(s) needing care are also taken as a part of the estate. This rule was brought in to prevent parents from giving their assets to other family members and by-passing the then new rules.

elmer

I am currently assisting a bereaved Mother who gave her house to her daughter. The daughter died a year ago and the mother will soon be homeless as her son in law is trying to sell her house.

The mother is 82 and moved into this house when she married. She was advised to give her daughter her house to avoid care home fees after her husband died 10 years ago.

Her daughter was 48 when she died.

She is very distressed and bitter about the whole thing

elmer

msb5262

Anyone considering giving away their house, property etc to avoid paying for care should try googling "Deprivation of assets".

HTH

MsB

onlyroz

I think it is tremendously selfish to expect the state to pay for your care home fees if you have the money to fund it yourself.

Gillyx

I'm afraid I agree with onlyroz.

As a daughter, I'd much rather my Dad get the best possible care if he ever needs it, with the money from his house, than me having the money after he's gone and knowing he received less then the best care in his later/last years.

mountainofdebt

Well I've told Junior that he can whistle if he thinks his dad and I are depriving us of any thing that we might need in our dotage just so that he can inherit something.

Have also told my mum that if she deprives herself of anything so that my sister and I can inherit something she'll have me to answer to

peachyprice

You'd rather go without the best care you could afford just so there's something for your children to inherit? Madness.

I would rather inherit not a penny and know that my parents were well cared for in their old age and wouldn't take a penny from them if I knew they'd scraped by in their final years. They haven't worked all their lives for me and my brother to get our hands on their cash when they die, they've worked so they can see their days out with comfort and dignity.