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Care & carers

Care home fees

(3 Posts)
tezza Sat 28-Nov-15 16:34:40

Can anyone please give any advice? I have willing cared for my mother for the last 16 years since she was first diagnosed with Dementia. She was able to live independently for many years in her own apartment however by 2011 she needed full time care and I gave up my home to move in with her to provide it. At this time my mother wanted to transfer her apartment to me but I did not do it.
In April 2013 Mum started full time residential care which was self- funding due to her savings and I continued to live in her apartment. In July 2014 with mum now settled I eventually accepted the transfer of her apartment to me. In August of this year having been living in Mums apartment for nearly 4 years I sold it and with more of my savings bought a larger property to live with my partner and even though he never contributed to the purchase of the property I wanted him to be a 50% tenant in common as he gave up a protected sitting tenant home to be with me.
My mum’s condition has worsened badly in the last 2 months and has become very aggressive and non-compliant. I have been told she now needs EMI nursing care. However her funds are now very low and I believe she will need LA funding. I have been told that because she transferred her home to me while she was in care that this is considered a deprivation of assets. Does this mean the local authority can reclaim these assets from me and my partner and that we will have to sell our home to provide for Mum’s care? If so is there anything I can do to prevent this. Thank you for your help.

granjura Sat 28-Nov-15 17:14:59

Where I live it is 7 years - but can't remember the rules for UK- but I think it is similar.

granjura Sat 28-Nov-15 17:19:04


Adam Uren, of This is Money, says: As you say, at around £190,000 prior to the gifts being given, the value of your parents' estate is well below the threshold for inheritance tax.

And even if it wasn't, if your parents lived for seven years after gifting you each the £15,000, then that cash would be considered as falling outside the estate and so also would not be liable for the tax.

Regarding care home fees, a local authority can investigate if it believes the money has been gifted deliberately to avoid having to pay care home fees when it carries out its means-testing assessment.

Under UK law, your local authority could claw the cash back in order to pay care home fees if the gifts were made within six months of one of your parents entering care.

Read more:

Where you a house owner before? So did you sell your home to move in with her? Did you pay rent for the time you lived there and share of food, heating, taxes, etc? You really need professional advice here.