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Care & carers

Care home fees

(12 Posts)
tezza Sat 28-Nov-15 16:34:39

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.

Anya Sat 28-Nov-15 16:41:32

This is very complicated tessa and I think you should seek legal advice. Some solicitors will give you a first free session, but do check on costs beforehand. Also, make sure you choose one who understands this kind of issue.

There is a lot of conflicting advice out there and it's not clear cut at all. Get legal advice.

Charleygirl Sat 28-Nov-15 16:43:25

Very good advice from Anya

Charleygirl Sat 28-Nov-15 16:45:02

In future tezza we do not need 5 posts on the same subject!

ninathenana Sat 28-Nov-15 17:18:41

Oh dear, you certainly need legal advice. Sorry to say I think your on dodgey ground here.

ninathenana Sat 28-Nov-15 17:31:27

I have just read this thread on another websites forum I belong to. There are some very knowledgeable people there and I think you should heed their advice.

granjura Sat 28-Nov-15 17:36:01

Adam Uren, of This is Money, says:

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:

to be safe you need to have a 7 year gap between gift and entering care. Did you sell your own home when you moved in with her. Did you pay rent and share bills? You really do need legal advice.

Pennie1 Sat 28-Nov-15 22:08:53

Hi Tezza ...

It would definitely appear that you have fallen foul of the Government's rules on "Deprivation of Assets" (the seven year cut-off that has been mentioned relates to inheritance tax).

You need to read "Charges for Residential Accommodation Guide", the Government's definitive legislation on the subject. You can download it from here:


Luckygirl Sat 28-Nov-15 23:29:57

My heart was sinking as I read your thread because I could see what was coming. I am afraid you could find yourself without a leg to stand on in this situation and you need to get legal advice. I think that you will find that you have little hope of challenging this.

I hope it is a warning to others to get these things sorted early on.

pensionpat Sun 29-Nov-15 08:50:43

Up until 2 years ago when I retired, the rule was that if there were someone living in the property who was over 60 (that could have increased) or if they were disabled, the house would not be sold to pay for residential care. Google it. If still current this could save you paying a solicitor.

M0nica Sun 29-Nov-15 11:51:35

Tezza Go and speak to your local Age UK or Citizens Advice Bureau (CAB). They will have the expertise and knowledge to help and advise you and point you in the right direction.

If you see a solicitor before consultiung the above make sure that you are seeing a salicitor who specialistises in the field of law in relation to older peoples finances. It is a complex area and you need specialist advice.

I do not think your case is entirely hopeless given the years you spent caring for your mother and that you gave up your home to be look after her. Depending on your age, you may have had rights to stay in the home even after your mother needed expensive care, which would have made the property unsaleable even if your mother was dependent on social care.

As everyone says you need good specialist advice. Go and get it.

tezza Wed 02-Dec-15 10:04:02

Thank you all for your help. I think that the most sensible action will be to get some solid legal advice.