Deprivation of assets - Scotland?

scrooge2008

I have an elderly friend, living in Scotland, whose husband of 30 years has been moved into a care home, by social services, as she is unable to care for him at home due to his complex needs.   

The council will shortly be doing the 12 week financial assessment and she has just realised that the title deeds of the house, she has been living in for 30 years are in the name of her husband and his previous wife.    He was a widow, when she married him and moved into his house but has contributed her share to everything, over that period and has always viewed it as her own.  Would the council consider this as a jointly owned property in their review?  Is there any point in the title deeds being sorted now, if doing so would look like deprivation of assets?

Thank you  

xylophone

 Apart from any other considerations, surely the value of the house cannot be taken into consideration while your friend, (patient's wife) is occupying it?

See https://issuu.com/agescotland/docs/care_5_care_home_guide_-_funding_may_2021?e=6839342/90814885

if the patient has complex needs, he may well qualify for continuing care funded through NHS anyway?

Linton

What would happen to the house should your friend's husband die if his ex is still a joint owner?

xylophone

What would happen to the house should your friend's husband die if his ex is still a joint owner?

OP states

are in the name of her husband and his previous wife.    He was a widow, when she married him 

Presumably the patient didn't bother to have his late wife's name removed from the Deeds?

https://www.rocketlawyer.com/gb/en/family-and-personal/manage-personal-property/legal-guide/co-ownership-of-property-in-scotland#:~:text=as the owner.-,Can you have more than one owner of a house,property and ultimately selling it.

Linton

xylophone said:

What would happen to the house should your friend's husband die if his ex is still a joint owner?

OP states

are in the name of her husband and his previous wife.    He was a widow, when she married him 

Presumably the patient didn't bother to have his late wife's name removed from the Deeds?

https://www.rocketlawyer.com/gb/en/family-and-personal/manage-personal-property/legal-guide/co-ownership-of-property-in-scotland#:~:text=as the owner.-,Can you have more than one owner of a house,property and ultimately selling it.

ah yes, I missed widow and assumed divorced.

Fermion

It does make sense for them to sort out the title deeds if only for the fact that it appears that the Executors of his late wife should have arranged for the deeds to be amended after his late wife's death. The only complication might be if he doesn't have full mental capacity as even with a LPoA for finance I'm not totally sure that an attorney has the authority to change property title deeds - this probably needs to be checked with a Solicitor/conveyancer. I think xylophone is correct regarding your friends occupancy and that property assets can't be taken into account.

xylophone

I wonder has the friend seen her husband's will?

scrooge2008

Thanks for your really helpful replies.

There is a will in place and the property would go to his current wife, in the event of his death.  He did not qualify for continuous health care funding and he only has limited capacity (Vascular Dementia).  I think the concern is that the wording on Edinburgh District Council's leaflet (on website) says:

We may decide not to include the value of your home if there is someone still living in your home. This could include: • your husband, wife or partner • a relative over 60 • a relative under 16 who you support financially • a relative who is disabled • a divorced or estranged partner who is a single parent with a dependent child.  

It therefore appears to be discretionary so she is going to wait on the outcome of the review and follow council's complaints procedure, if property is included, especially if it is the whole value.

xylophone

It therefore appears to be discretionary 

I wonder - did you see page 11 in my link above?

GrubbyGirl_2

Firstly they will not take the property into consideration while the wife is still living in it.  They will take all of his income and savings as joint so will only consider half of them.  

As for the ownership of the house if the will leaves the property to her that can all be sorted after he passes away there is no need to spend money doing anything now

scrooge2008

Paying for care – The City of Edinburgh Council

Thanks for your replies Grubbygirl and xylophone - I did read your link, xylophone and forwarded it on to the lady and her daughter and highlighted where it says 'will be disregarded' and where the link above says ' may be disregarded'.

I have sent an email to the department to ask for clarification, attached your link and theirs and explained that the wording on their link has caused confusion.  Hopefully they will put my friends mind to rest .......