Any way to put a second property in trust for disabled son?

shambolics

Is there any way my mother can put her second property in trust for me? She is living in our jointly owned property in a kind of granny flat arrangement and the second property provides her with an income. She is getting on and would like to insure that the property would go to me.
The concerns are that I would lose any care payments if it was directly given to me now and that if she ever went into a home it would be sold off for costs. Is there any way around this?

chesky

What benefits are you receiving - for instance, DLA is not means-tested so would not be affected by an inheritance.

shambolics

Yes the only problem is the Social services care. If the property was mine it would count as an asset and lose me any Care.

chesky

Don't understand, what payments are you receiving from social services?

shambolics

They do direct payments to pay an agency for care

NAR

OP you and your mother would have to take Deprivation of Assets into consideration before thinking about her next move. What age is she? What is her current state of health?Has she any medical conditions that may affect her health in say the next 10 years?

Harsh as it may seem but the taxpayers of this land are entitled to be protected too.

shambolics

NAR wrote: »

Harsh as it may seem but the taxpayers of this land are entitled to be protected too.

....Is that why the government is putting a cap on care payments by the elderly?

We are not trying to fiddle the taxpayer, we have both worked hard and paid vast amounts of Tax ourselves in our lifetimes and have tried to set things up to be self supporting as far as possible, despite a major illness on my behalf. The house my mother lets out was to insure her self sufficiency in her lifetime and mine after that. This was the best could be done with current funds. I have the minimum of care out of choice. Harsh as it may seem, Ask yourself what would you do in the same circumstances? Bear in mind that 1 in 4 people will become disabled.

NAR

Don't shoot the messenger please. I am only advising you what you are contemplating could backfire very badly if your mother had to go into care and it was discovered (which would be investigated) if her house was transferred to you or your son. Google Deprivation of Assets. There are plenty of links explaining better than I how you would be in hot water.

As I said, I don't make the rules.

shambolics

Sorry about that, but the disabled are under attack from all quarters at present, you have no idea what it is like. People are becoming increasingly aggressive towards the disabled and it makes anybody involved a little testy. Don't forget we are also 'the taxpayers of this land'.

chesky

Are you talking about a trust in her will for after she dies?

shambolics

No she was looking at putting it in trust now. She is in her eighties.