anyone heard of the advocacy alliance?

Sarahsaver

This is with regard to an elderly relative, who has been put into local authority care. He's apparently signed something with them and it sounds dogy. It looks like the local authority may be trying to force the sale of his house, although he says he signed it over to grandsons several years ago. It is the local authority who apparently got him in contact with the advocacy alliance, whoever they are. I dont know if ive posted this on the wrong board so excuse me if i have.

Bossyboots

I think this might be what you are looking for http://www.opaal.org.uk/

Sarahsaver

can they encourage him to hand over his house? I dont think he can if the house is signed over to the grandsons, but it seems like they ar einvolved in his finances somehow and I thought someone could only do that if they had power of attourney. The advocacy alliance seem to be on behalf of the local authority :rolleyes:

Bossyboots

You would need to look at the house deeds to see if the property is in the grandson's name. Even if it is, if there is a suspicion that it was done to avoid care costs then they may be able to claim against the estate later on. A lot would depend on how long ago the property was signed over, if indeed it was. If he was still living in the house, even though it is signed over then it is deemed a conditional gift and in fact it probably can be sold to pay his care costs. The government has made moves to prevent people from disposing of their properties to avoid paying for care in old age.

Bossyboots

Paul_Varjak wrote:

Some people may tell you that it is illegal to give away property to avoid care costs. I do not believe that is strictly correct. As far as I know, the court cannot impose any punitive award on your relative whatever his reason for gifting his property away.

I agree with the first part of this, I don't think it is illegal.

I also agree that the court cannot impose an award on the person making the gift. I do think though that they could seek an order for sale of the property with the profit being paid to them if they can show that in all likelihood the gift was made with the intention of avoding fees. I am not sure whether this has ever been tested in a Court.