Care Home Property & Other Stuff

lisyloo

According to this yes the property is disregard if you live in it.

Page 7 states incapacity
Page 8 defines incapacity as receiving pip (amongst other things)

Property and paying for residential care (ageuk.org.uk)

Are you sure that all you both want is to reduce fees??

As I said they (local authority) tried to put my FIL somewhere very difficult for MIL (in a wheelchair) to visit.
Some of the homes we went to clients were cold, dressings hanging off, dirty toilets, stench of urine (none of this is exaggeration).
Are you sure this is what you both want?

I appreciate she wants to stay out of a care home (doesn't everyone) but when you have someone assessed as needing assistance of 2 people round the clock, then there can come a time when they aren't any reasonable alternatives.

If part of the property is genuinely yours then that's fine, but it would need to be proven to a local authority.
it's not clear how long ago this was and whether you'd be able to even get a bank statement showing a transfer of money.

Do be aware that there could be circumstances in which your situation could change.
For example you could pre-decease your mother. Where does your estate go and do you have a will.
You could find a new partner and want to live with them.
Become well.
Pip rules could change etc. etc.
Just throwing random things out there, but the government can change rules in a heartbeat (see LTA last week or so).

Has your mother made an LPA?

I've done court of protection (if someone doesn't have mental capacity to do LPA) and that is very slow, expensive and hard work, so LPA(s) are strongly advised.

Sarahspangles

HillStreetBlues said:

If she does need to go into care (hope that doesn't happen) , then my reading is the property is disregarded as "a family member is incapacitated."  but if the property was sold then care home costs can be claimed  from that sale.

I would like to know if that's correct., thanks.

I believe that is correct. The aim is not to disadvantage someone who is to some extent dependent on the person needing care. Whereas if the property has been sold and that dependency has been broken then the proceeds of sale are just capital sums. Effectively the person needing care and their dependent are both eligible for support but that support can be met by looking at them separately - one ‘rents’ a room in a care home the other may qualify for other state support including rehousing.

I actually don’t see why you shouldn’t hold the house as joint tenants.

In a few years time, the most likely scenario is that your mother will predecease you and you will inherit the house.  That’s the ‘ideal’ scenario (since nobody can live forever) and being joint tenants simplifies the transfer.  You could also have a joint account by that point, although you’ll need to keep an eye on whether anything affects your/her eligibility for benefits.

While she lives there is a likely scenario where you offer support so she can stay in her own home until she passes away, and a less likely scenario where she needs to go into care.  At that point, when adult social care assess her you simply say that the transfer to joint tenancy reflects your interdependence - her need for care and yours for stable housing.  I don’t think it will be interpreted as deprivation of assets, however they can ‘look through’ the transaction at that point and place a charge on the property.  You might actually want them to in order to provide the best care for your mum.  I don’t think it will come to that though.

HillStreetBlues

lisyloo

You have made important point about care homes and is an issue and has been discussed.
The property she owns  is solely hers  I have never thought is as 1/2 mine,
My mum just wants to do the same and gift me 1/2 of the new house.

I do need to make a will, and that is something that I will do in near future.
I won't be getting a partner, I just don't want one, never have never will. ( I do have an amazing friend )
Yes benefit rules do change (I do follow them closely),  but can only  use the current rules and hope they remain the same.
Just completed the LPAs,  just the long weight.

HillStreetBlues

Sarahspangles

The issue of a joint tenancy I see is that she would have given away half the value of a house, and that might be looked into further. 
Just keeping it in her name would remove it,  but would have to go through probate,  but as I'm sole heir I think that wouldn't be that much of an issue.

Can't make all joint accounts as I'm on income-related benefits and mum has to much savings
Possible to make a joint account we both pay in  for bill etc, so could look into that.


We both hope that she doesn't have to go into a care home.
Since my dad died my mum life ended too, she is just going though the motion waiting to die.
Getting her to spend money on herself is very hard work,  she just doesn't think it's worth it.
I do her on-line shop, so at lease  am able to stick some goodie  in  that she wouldn't  buy herself.
 

Sarahspangles

HillStreetBlues said:

Sarahspangles

The issue of a joint tenancy I see is that she would have given away half the value of a house, and that might be looked into further. 
Just keeping it in her name would remove it,  but would have to go through probate,  but as I'm sole heir I think that wouldn't be that much of an issue.

Can't make all joint accounts as I'm on income-related benefits and mum has to much savings
Possible to make a joint account we both pay in  for bill etc, so could look into that.


We both hope that she doesn't have to go into a care home.
Since my dad died my mum life ended too, she is just going though the motion waiting to die.
Getting her to spend money on herself is very hard work,  she just doesn't think it's worth it.
I do her on-line shop, so at lease  am able to stick some goodie  in  that she wouldn't  buy herself.
 

Remember she is perfectly at liberty to give away half the value of her own house.  The only time it should become an issue is if it’s a deliberate tactic to try to avoid care home fees if those seem likely to arise.  There is nothing to investigate if it’s not, and she has other really good reasons for the decision.

When MIL lost FIL after more than 60 years together she really missed him.  She also wouldn’t treat herself.  We persuaded her to put some money in premium bonds.  As she didn’t see any prizes as ‘bank interest’ (which she had been trained not to touch!) she would at least splurge the £25.