Rights when deeds are in the name of one married party & they are going into a care home

Aussie333

The husband is going into a dementia care home.  The wife is not on the house deeds. They have a joint account for the bills and savings accounts in their individual names shared equally between them. Will the local authority asset means test assesment be on the husbands just the accounts in his name only along with 50% of the joint account? That they will not include the house even though the wife isnt on the house deeds as she has spousal rights to live there?  They have been together for over 50 years and starting this process for him and its sad and frightening for the wife.  Thank you for any advices, the monetary side of this is important for both of them. 

Flugelhorn

if she is aged over 60 then they won't take the value of the house into account - this explains a bit about the assessment 

https://www.ageuk.org.uk/information-advice/care/paying-for-care/financial-assessment/

Keep_pedalling

No, the house will be disregarded. Does he have a will and LPA in place? Unfortunately there are still many long married couples with the marital home in one name only (usually the husband) which can cause difficulties if they lose capacity, and forces the use of probate on the death of the owner. 

Aussie333

Keep_pedalling said:

No, the house will be disregarded. Does he have a will and LPA in place? Unfortunately there are still many long married couples with the marital home in one name only (usually the husband) which can cause difficulties if they lose capacity, and forces the use of probate on the death of the owner. 

No LPA and their wills mirror each other in respect of whoever dies gets everything until they die then it gets distributed to the siblings.

Keep_pedalling

Shame about the lack of an LPA as that can make life difficult, I would strongly recommend obtaining deputyship for him and for her to put a financial LPA in place as a matter of urgency. 

The financial assessment will take into account his sole accounts and 50% of the joint accounts. 

Malthusian

Flugelhorn said:

if she is aged over 60 then they won't take the value of the house into account - this explains a bit about the assessment 

https://www.ageuk.org.uk/information-advice/care/paying-for-care/financial-assessment/

She is his spouse so the fact that she is over 60 is of no consequence. The house would still be exempt if she was 18.

If she was his sister then whether she was over or under 60 would matter.