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Talk of raising the cap on care home fees

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Comments

  • grizzly1911
    grizzly1911 Posts: 9,965 Forumite
    CLAPTON wrote: »
    What was the care problem at Sourthern Cross?

    http://www.bbc.co.uk/news/business-14102750
    "If you act like an illiterate man, your learning will never stop... Being uneducated, you have no fear of the future.".....

    "big business is parasitic, like a mosquito, whereas I prefer the lighter touch, like that of a butterfly. "A butterfly can suck honey from the flower without damaging it," "Arunachalam Muruganantham
  • chris_m
    chris_m Posts: 8,250 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Quote:
    Originally Posted by Errata viewpost.gif
    This indicates a couple will still be left with a good chunk of a quarter of a million quid the government won't touch.

    I know this was rumoured did it actually start to happen?

    I think it's being planned but hasn't been finalised or implemented yet.

    There was also some talk about a cap on total care home fees (£30-40K?) that people would be expected to pay before the state takes over the cost. again, that hasn't been implemented yet, if it ever does.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker



    are you serious or what?

    unless of course you were illustrating the absolute depth of total incompetance, ignorance and scaremongering of the BBC
  • ILW
    ILW Posts: 18,333 Forumite
    It's already the case that assets can be protected entirely legally through putting them in a trust.

    By spending a few grand in legal fees, anybody can protect their house and make it exempt from claims for care home fees later in life, provided they do it far enough in advance that the primary reason is not seen as avoiding care home costs.
    One council I know are really going after these trusts and many are rather shaky. Quite a lot were referred to in the sales literature as property protection trusts which in effect makes them invalid in avoiding care fees.
  • ILW wrote: »
    One council I know are really going after these trusts and many are rather shaky. Quite a lot were referred to in the sales literature as property protection trusts which in effect makes them invalid in avoiding care fees.

    The council can go after anything they like.

    They'll lose, so long as the trust was set up correctly and the primary reason for setting it up was not to avoid care home fees.

    Acceptable alternative reasons include.....

    - avoiding probate costs and delays

    - protection of assets from untrustworthy relatives

    - sheltering assets from the chance of liabilities incurred by children or partners.... Ie, children divorcing shortly after parents death

    I am not aware of a single case anywhere in the UK where a council has managed to obtain assets legitimately sheltered in an asset protection trust that was set up correctly.

    I am aware of many instances where they have tried and failed miserably, incurring enormous expense for the taxpayer in the process.

    As far as I know, most councils have now stopped trying in all but the most flagrant abuses of the trust system, after so many incurred such great expense trying and failing.
    “The great enemy of the truth is very often not the lie – deliberate, contrived, and dishonest – but the myth, persistent, persuasive, and unrealistic.

    Belief in myths allows the comfort of opinion without the discomfort of thought.”

    -- President John F. Kennedy”
  • ILW
    ILW Posts: 18,333 Forumite
    I know of 2 successful cases with a South London council. I believe the trusts had been set up within a fairly short period of the care being required. The council in question are currently considering taking on a lawyer specifcally for this as they think it could be cost effective.
  • ILW wrote: »
    I know of 2 successful cases with a South London council. I believe the trusts had been set up within a fairly short period of the care being required. .

    So then not set up correctly.

    If you wait until you know it is likely you will need care, then the primary reason would be assumed to be deprivation of assets, and the trust can be overturned.

    Those cases are not relevant to my earlier post.

    If you set up a trust when you are fit and healthy, have no reason to assume you'll need care, and the primary purpose of the trust is another reason, they are essentially bulletproof and the council can jog on.

    Not only that, but the big law firms specialising in these trusts are so confident as to their legal standing, they will aggressively defend any action taken against the trust at no cost to the trustee.
    “The great enemy of the truth is very often not the lie – deliberate, contrived, and dishonest – but the myth, persistent, persuasive, and unrealistic.

    Belief in myths allows the comfort of opinion without the discomfort of thought.”

    -- President John F. Kennedy”
  • ILW
    ILW Posts: 18,333 Forumite
    True, but many of these have been set up by local solicitors or will writing companies. These will not attempt to defend at no cost.
  • the_flying_pig
    the_flying_pig Posts: 2,349 Forumite
    edited 27 December 2012 at 9:37AM
    HAMISH could set up as an age concern advisor if he ever gets sick of pwoperdee ramping.

    i genuinely wonder if, deep down, naked, daftly transparent & otherwise incoherent, self-interest aside [i.e. ignoring 99.5% of what he posts] he might genuinely believe that the elderly are more virtuous & deserving than other segments of the population.
    FACT.
  • ILW wrote: »
    True, but many of these have been set up by local solicitors or will writing companies. These will not attempt to defend at no cost.

    Isn't timing the key factor? Leave it too late and you are on a hiding to nothing?
    "If you act like an illiterate man, your learning will never stop... Being uneducated, you have no fear of the future.".....

    "big business is parasitic, like a mosquito, whereas I prefer the lighter touch, like that of a butterfly. "A butterfly can suck honey from the flower without damaging it," "Arunachalam Muruganantham
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