Going into care

Katykat

My Parents in Law transferred their house over to their 3 adult children in 1998. Dad died in 2009. Mum is now 97 & is no longer able to manage in her home. We have looked at supported living accommodation. She is no longer the owner of the house but is there any legal blocks to declaring that has no property. She has just £10000 in savings & gets AA & pension credit. 

Keep_pedalling

You may very well find that the LA look at this as deliberate deprivation of assets (which of cause it is, as their is no sensible reason to give your home away). 

If she still owned the house she would have had a lot more  options as s he could have self funded, now she risks over my dead body grange.

Savvy_Sue

Also has mum been paying to live in her former property, may lead to other problems if she has not.

I suggest you speak to Age UK and get some proper advice. https://www.ageuk.org.uk/

MalMonroe

Keep_pedalling said:

You may very well find that the LA look at this as deliberate deprivation of assets (which of cause it is, as their is no sensible reason to give your home away). 

If she still owned the house she would have had a lot more  options as s he could have self funded, now she risks over my dead body grange.

Ouch! Not very helpful for those who don't own their own home but may have to rely on public services if they need to go into care. I'm hoping I won't need to and that my daughter will cosset me in my dotage but we don't all have that kind of personal funding, certainly. 

[Deleted User]

Would her children be prepared to sell the house ( assuming they own it still)  and pay for the best carehome that can be found? 

Keep_pedalling

[Deleted User] said:

Would her children be prepared to sell the house ( assuming they own it still)  and pay for the best carehome that can be found? 

If the LA provide basic funding then the proceeds of the house sale (after CGT) could also be used for top-up which is what I would hope would happen.

Keep_pedalling

MalMonroe said:

Keep_pedalling said:

You may very well find that the LA look at this as deliberate deprivation of assets (which of cause it is, as their is no sensible reason to give your home away). 

If she still owned the house she would have had a lot more  options as s he could have self funded, now she risks over my dead body grange.

Ouch! Not very helpful for those who don't own their own home but may have to rely on public services if they need to go into care. I'm hoping I won't need to and that my daughter will cosset me in my dotage but we don't all have that kind of personal funding, certainly. 

Even for people who own a house but who have little in the way of savings and have a spouse still living in it.

elsien

There is no timescale on deliberate deprivation of assets however it does depend on the local authority being able to show that the intention was specifically to avoid care home fees.
if the parents were healthy at the time, and given the length of time that has elapsed, and that there may have been other reasons which they considered perfectly valid at the time giving the property away, it may not necessarily be an issue. 

The OP would be best placed to get some legal advice to be on the safe side. 

Keep_pedalling

elsien said:

There is no timescale on deliberate deprivation of assets however it does depend on the local authority being able to show that the intention was specifically to avoid care home fees.
if the parents were healthy at the time, and given the length of time that has elapsed, and that there may have been other reasons which they considered perfectly valid at the time giving the property away, it may not necessarily be an issue. 

The OP would be best placed to get some legal advice to be on the safe side. 

It may very well be the case that after such a long period the LA won’t press the DDoA issue, but I would love to know what what possible other reason anyone anyone with no other significant assets would do so. I can’t think of one.

elsien

Nor me.
But there was some misinformation going around some years ago around Trusts and various other things. So it’s entirely possible that the OPs parents thought they were doing things right.
And they may have had other significant assets at the time which they have been using to live on ever since. 

Keep_pedalling

elsien said:

Nor me.
But there was some misinformation going around some years ago around Trusts and various other things. So it’s entirely possible that the OPs parents thought they were doing things right.
And they may have had other significant assets at the time which they have been using to live on ever since. 

Yes, I know someone who put their hose in trust explicitly to avoid care costs after paying large fees to set it up. A lot of fear has been sown to earn large fees. They did it long before the RNRB came in so that has been lost, but the house still forms part of the estate for IHT purposes, and the house is going to be subject to CGT when it is finally sold. If as is very likely they don’t need residential care it is going to be a costly excessive.