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  • FIRST POST
    • Docspawn
    • By Docspawn 11th Apr 18, 2:32 PM
    • 2Posts
    • 0Thanks
    Docspawn
    Trust from parents for medical needs
    • #1
    • 11th Apr 18, 2:32 PM
    Trust from parents for medical needs 11th Apr 18 at 2:32 PM
    Hi
    Ok so here is an interesting one that i'm desperately seeking help with, so far its a brick wall but seems like a complete injustice if nothing can be done.......
    My friends mother is on her own and in the process of selling her house to go into a home in the next 6 months. Her son as life threatening condition that 'could' be treated privately (only, no nhs offering) abroad but will take 1 year for treatment to start.
    His mother is willing and able to put money away for his treatment (50k) but the problem we understand is this would be taken into consideration for her care cost !!!
    Sounds absolutely ridiculous that a mother could pay for son's treatment with her hard earned money BUT will not be able to because of tax laws. Is this correct? Is there nothing that can be done in this case?
    Thanks for any advice
    D.S.
Page 1
    • lincroft1710
    • By lincroft1710 11th Apr 18, 4:12 PM
    • 10,899 Posts
    • 9,195 Thanks
    lincroft1710
    • #2
    • 11th Apr 18, 4:12 PM
    • #2
    • 11th Apr 18, 4:12 PM
    Nothing to stop the mother giving her son the money for his treatment. If the son actually uses the money for his treatment, it should not be regarded as Deliberate Deprivation of Assets.

    www.ageuk.org.uk/information-advice/care/social-care-and-support-where-to-start/paying-for-care-support/deprivation-of-assets/

    Nothing to do with tax.
    • xylophone
    • By xylophone 11th Apr 18, 5:55 PM
    • 26,124 Posts
    • 15,483 Thanks
    xylophone
    • #3
    • 11th Apr 18, 5:55 PM
    • #3
    • 11th Apr 18, 5:55 PM
    https://www.which.co.uk/elderly-care/financing-care/gifting-assets-and-property/343063-what-are-the-rules-for-gifting-assets
    • sheramber
    • By sheramber 11th Apr 18, 5:57 PM
    • 4,985 Posts
    • 3,722 Thanks
    sheramber
    • #4
    • 11th Apr 18, 5:57 PM
    • #4
    • 11th Apr 18, 5:57 PM
    As the mother is already intending to go into a home then it would be considered deprivation of assets if she required local authority help.

    If she is self funding then it wouldn't matter.
    • Docspawn
    • By Docspawn 12th Apr 18, 8:24 PM
    • 2 Posts
    • 0 Thanks
    Docspawn
    • #5
    • 12th Apr 18, 8:24 PM
    • #5
    • 12th Apr 18, 8:24 PM
    As the mother is already intending to go into a home then it would be considered deprivation of assets if she required local authority help.

    If she is self funding then it wouldn't matter.
    Originally posted by sheramber

    Thanks to all for your replies, most appreciated.
    In answer to above she would be able to self fund but for how long is the question. The money left over might be able to cover costs for 6 months to a year of care but after this when money all gone would the 'assets' given away have to be recognised and recovered for care ?

    It's such a tricky one and no ' financial advisors ' seem to want to touch it as think they are trying to avoid paying care home fee's. All very sad


    D.S.
    • badmemory
    • By badmemory 13th Apr 18, 1:19 PM
    • 1,901 Posts
    • 2,564 Thanks
    badmemory
    • #6
    • 13th Apr 18, 1:19 PM
    • #6
    • 13th Apr 18, 1:19 PM
    My only question would be why it would take a year to start what must be privately funded treatment & that will be why most would consider it deprivation of assets.
    • sheramber
    • By sheramber 13th Apr 18, 6:25 PM
    • 4,985 Posts
    • 3,722 Thanks
    sheramber
    • #7
    • 13th Apr 18, 6:25 PM
    • #7
    • 13th Apr 18, 6:25 PM
    She wants to give her hard earned money to her son but then expects others to pay for her care with their hard earned money. The money for care home fees comes from Joe Public i.e you and me

    If the local authority consider deprivation of assets applies then yes they will assess her as still having the capital.

    A google search for care home fees deprivation of capital will provide information.

    The fact that no FA will advise also confirms the risks in doing this.
    • elsien
    • By elsien 13th Apr 18, 6:29 PM
    • 16,897 Posts
    • 42,664 Thanks
    elsien
    • #8
    • 13th Apr 18, 6:29 PM
    • #8
    • 13th Apr 18, 6:29 PM
    What's the life threatening condition that can only be treated privately abroad and not for 12 months? (Just curious, but so would the LA be as well.)
    Mum could not self fund once her assets go down to 23K, so after giving her 50k away would that still leave her able to pay her own way at all?
    Last edited by elsien; 13-04-2018 at 6:33 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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