Deprivation of Assets... Real life outcomes???

Sea_Shell

We hear all the time about the risk of "Deprivation of Assets" and what it might mean in relation to future care or benefits. However, does anyone have any real-life experience of this actually happening to them or their family.

What did the LA do?
Did they actively pursue family members for cash?
How many years back did they go to find this deprivation?

I know LA's have the power to do this, but have they actually done it? I can't remember reading ANY threads here where it has happened. So if there are any, links would be good, thanks.

Browntoa

Some real life figures

https://www.telegraph.co.uk/money/consumer-affairs/councils-failing-stop-people-giving-away-cash-dodge-care-home/

Browntoa

https://www.covermagazine.co.uk/cover/news/2146149/deprivation-assets-court-favour

Browntoa

And while a LPA ( attorney removed for it )

http://www.courtofprotectionhub.uk/cases/the-public-guardian-v-am-2015-ewcop-86

Sea_Shell

Thanks for those links, but I was really after any reports from posters on here (links to threads), where they have personal experience of it happening to them or their family...to see how prevalent it really is (or isn't).

You'd think that if it was rife...then this forum would be full of stories of woe from families caught out by this clause...but they are distinctly lacking it would seem.

Browntoa

From the first one it seems it's hit and miss from council to council , from the others it's clear the courts tend to back them when it goes to court.

I'm sure more councils will go down this route though . ( I think it's happening on the quiet by them refusing or stopping funding rather than it going to court )

In with you , real life stories from here would be good

FBaby

I very much doubt you'll get many people happy to let you know when the only reason someone would ask is to see if they can get away with it.

I'm still to wait for a Landlord to come on MSE to confess that they have been prosecuted for non protection of their tenant's deposit. You'd think they'd be plenty coming to warn fellow landlords here. It does happen.

TELLIT01

Sea_Shell wrote: »

Thanks for those links, but I was really after any reports from posters on here (links to threads), where they have personal experience of it happening to them or their family...to see how prevalent it really is (or isn't).

You'd think that if it was rife...then this forum would be full of stories of woe from families caught out by this clause...but they are distinctly lacking it would seem.

I disagree that the site should be full of tales of woe. Those who did it deliberately are hardly likely to admit it. Those who did it from ignorance are likely to accept the situation once it's explained to them.

LocoLoco

Sea_Shell wrote: »

Thanks for those links, but I was really after any reports from posters on here (links to threads), where they have personal experience of it happening to them or their family...to see how prevalent it really is (or isn't).

You'd think that if it was rife...then this forum would be full of stories of woe from families caught out by this clause...but they are distinctly lacking it would seem.

It might mean that few families deliberately deprive themselves of assets, though, rather than doing it and nothing happening afterwards? And, as FBaby says, people who have fiddled something aren't likely to tell people on the internet (you'd imagine, although I did read an article the other day about the number of criminals caught out by boasting on Facebook about all the stuff they spent their ill gotten gains on!).

There are fairly regular enquiries on the House Buying and Selling board from people who are looking to have children or other family members buy in to properties or generally looking for ways to prevent it from being sold if someone needs care. Having had personal experience of how difficult it is to get good quality state funded care and knowing how easily care packages can be cut and/or taken away completely, I'd prefer to have the money to pay for what I need rather than to have to rely on the state.

kingfisherblue

It's an interesting thread for me at this moment in time. A neighbour's house has just gone up for sale after he has gone into a care home. He gifted his house to his son six years ago. I have no idea whether our local authority will pursue this as DoC, but I have read the above with interest.

Sea_Shell

As for posting on here...I was thinking from the perspective of unknowing family, who maybe weren't aware that some "scheme" had been put in place by their parents...only to have the LA come to them for the cash for care when there should've been plenty of money.

Or is not possible to be in the dark regarding such things, trusts etc.?