STOPPING THE SALE OF HOME TO PAY FOR NURSING CARE

[brucie1996]

Is ther any way you can prevent the sale of the family home to pay for nursing care? I was stoped in town by a legal firm who said you put the house as part owed by daughters/sons names etc to stop this. My sister has spoken to her legal bod they say the local authority can claim back the money when the house is sold. Can anyone advise?

[themas]

I suspect that if you were "stopped in town by a legal firm" they were not a very good one! What the local authority say is correct, although it does depend on the circumstances of the case - each case should be looked at on its own merits. Also, I believe that what they could do would be to refuse to pay the care home fees, which would result in the home having to be sold anyway, unless the children could afford the fees themselves and preferred to pay them rather than sell. Even then there can be problems - I vaguely recall something about payment of fees by third parties being something that doesn't have to be accepted.

This is a complex subject - not something to be entered into without detailed & properly qualified advice.

[buildersmate]

If an aged parent gives away the whole or part of an asset to try and avoid that asset being available to pay for nursing care costs, the Local Authority will come after that asset.
Afterall, you wouldn't want your council tax going up to pay for your neighbour doing such an evil thing, would you?

[tamborine]

Dont enter into a care home for 7y after sale or gift of your property. You could be cared for 'at home' ! As for LA costs....those without means pay vastly reduced costs ie £70 against a 'private' charge of £300+pw.

Since the homeowner has paid Tax & NI throughout their working life, whereas those without means may not have, the system seems grossly unfair.

[brucie1996]

I was stopped by a legal firm who advised the home should be split 50/50 husband & wife.Then when one passes away the 50% goes to son, daughter etc. so they cannot make you sell the house for nursing care?

[Wak]

Most couples own their home as "Joint Tenants" which means that they are both equally responsible for 100% of their home. If the couple re-register with the Land Registry as "Tenants in Common" then they each own 50% of the homes. Each partner writes a Will leaving their 50% of the home to the children then if one partner dies, the children own 50% and the remaining partner owns 50% as per the Will. If the remaining partner then goes into a Care Home, the Council cannot force the children to sell their half of the home to pay for the Care and they will have great trouble selling the remaining partner's half of the home as nobody will really want to buy half a house. When the last partner dies the children get the other half via the existing Will.
A solicitor can sort out the Wills and other details as required.
Further details can be found on the Internet but the following sites should be of some help in pointing the way.

[Wak]

Forgot to post the sites, Sorry!!!

http://www.thisismone...=403067&in_page_id=78

http://www.thisismone...=404318&in_page_id=78

http://www.howtobooks...ills/how-to-write.asp

http://www.tenminutewill.co.uk/main.cgi

http://www.landregist...t?searchType=advanced