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Family home dilemma

(159 Posts)
Plumcushion Sun 17-Feb-19 07:47:24

Hoping someone will know the answer to this.
My dad, as sole owner of his house, signed over his house to me and my brother over 2 years ago. He was in good health and of sound mind. The deeds are now in DB and my names jointly.
Dad has now got early dementia and it looks like a care home will be his only option at some point in the future.
Are DB and I legally obliged to sell the house to pay for his care which will be roughly £1000 a week? Dad has some savings that will facilitate around 18 months care costs.
My brother is considering buying my share of the house from me and will live there with his family when Dad has left the property. But would that mean my brother may be liable for Dad’s care costs if a top up is needed?
Dad will be devastated to know the house he gifted to us was used for care costs when his aim was for one of us to live there someday. It’s a beautiful house and is very dear to our hearts.
Anyone know?

M0nica Thu 21-Feb-19 00:22:32

GillT57, exactly. One of the reasons why I am more than happy to pay for my own care should I need it.

Trying to wriggle out of paying it could be seen as a form of tax evasion.

GillT57 Wed 20-Feb-19 23:05:01

If a person takes steps to avoid paying full private care home fees they are asking me, the tax payer to fund their children's inheritance.

M0nica Wed 20-Feb-19 20:10:33

Alittlemadam I am sorry to have to inform you that putting a house into trust does not mean that it cannot be taken into account when calculating care fees www.moneywise.co.uk/news/2018-01-22/legal-warning-over-trusts-promise-to-beat-care-home-fees

GrandmaPam Wed 20-Feb-19 11:16:58

I think it used to be that provided the home was 'gifted' more than 7 years prior to this kind of situation, it was safe. However, that may have changed anyway for the reason stated - its hard to think that the state would pay for the care when the family are sitting on the assets. Its a tough one, but definitely get legal advice asap

mcem Mon 18-Feb-19 20:04:59

ps Dire accusation there! It's just not nice!!!!
Really reaching the heights of intelligent debate/conversation.

mcem Mon 18-Feb-19 20:02:34

Ooooh! And when was that rule put in place?

maryeliza54 Mon 18-Feb-19 18:40:00

Absolutely ridiculous post notanan and FYI several of us posted our views on the overall system but only I get criticised. Why is that I wonder? Well as you well know your comments will not change my behaviour but do carry on wasting your time if you wish.

notanan2 Mon 18-Feb-19 18:31:24

Its not a rule. There are always ppl who make other peoples problems about themselves and their own soap boxes. Its just not nice.

maryeliza54 Mon 18-Feb-19 18:26:57

That’s a new rule is it notanan issued by the thread police? Ridiculous

GabriellaG54 Mon 18-Feb-19 18:15:17

Girls girls...settle down now. ??

notanan2 Mon 18-Feb-19 16:41:54

Oops sorry missed the OPs post..

notanan2 Mon 18-Feb-19 16:40:51

Threads about topics are supposed to meander and develop (e.g. "what do you think about the government's plans to...")

Threads about an individual's situation (e.g. what should I do about X) arent the place for general chat about wider topics, but as the OP isnt comming back I suppose it doesnt matter....

maryeliza54 Mon 18-Feb-19 11:41:54

Ooohhhhh look mcem mentioned a hypothecated tax - quick kitty tell her we don’t have one and it’s not helping the OP

maryeliza54 Mon 18-Feb-19 11:40:05

Oh give it a rest kitty threads develop or do you police all threads for comments not helpful to the OP.? I would bet not

kittylester Mon 18-Feb-19 11:34:40

I realise that maryeliza but that's not much help to the op is it? blush

maryeliza54 Mon 18-Feb-19 11:31:58

Yes ikniw we don’t have a social care fund kitty. I was suggesting ways forward confused

mcem Mon 18-Feb-19 11:18:15

Nonna I repeat. "The State" is you, me and every taxpayer.
Not some benevolent entity.
No magic money tree.
Are you happy to pay an extra, possibly hypothecated, tax or do you think that you are automatically entitled because you've already paid your dues?

Juliepuk Mon 18-Feb-19 09:31:07

I experienced something similar when my Dad had an accident which left him paralysed and unable to return home. He'd signed the house over 5 years before to me and my sister. The whole area of care is difficult to navigate so I would recommend contacting AgeUK as they are experts. There is something called "capital deprivation" which the authorities may classify this situation as. Get some sound advice.

kittylester Mon 18-Feb-19 08:09:23

plumcushion, you could consider consulting a solicitor who specialises in older people's affairs.

Google 'Solicitors for the Elderly

maryeliza, although a social care fund might be a good idea, we do not currently have one.

Plumcushion Mon 18-Feb-19 02:05:30

Thanks to everyone for your valued input.
I haven’t disappeared, as was suggested, but live overseas so on a very different time zone to the UK. So a UK solicitor isn’t as easy to talk to for me. It’s an email situation which will take time.
Hopefully I’ll get some response today and can start getting some legal advice.
Dad is happy at home, manages very well and has a carer popping in daily to check he’s ok - taken his meds etc. Hopefully it will be a long time before he needs personal care or a home.
And if that time comes I’ll be well informed on the legalities.
For those of you that think our situation was to avoid his fees you are wrong. Dad never imagined (maybe stupidly) that he would be in this position.
Thanks for the kindness from most of you. I appreciate it very much.

GabriellaG54 Sun 17-Feb-19 23:26:31

woukd would

GabriellaG54 Sun 17-Feb-19 23:24:50

Nonnatimesfour

I doubt (but not having done the maths I cannot be certain) that the money most of us pay into the pot, covers the amount we take out.
Count the cost of prescriptions, jabs, x-rays, operations, sickness benefit claims et al throughout the life of the average person, against the portion of their contributions during the same time.
Woukd there be enough to fund...say...5 years in a care home at a round figure of £1k pw.
That equates to £260k, just over a QUARTER OF A MILLION POUNDS, not accounting for the rising cost of care during that time and that's just for 5 years. It could be a lot longer and dementia care is more costly.

maryeliza54 Sun 17-Feb-19 23:19:03

And you don’t just have assets to pass on because you’ve worked hard - you can work hard as has been said upthread but never in a well paid job or you can have assets because you’ve been lucky -through inheritance for example

maryeliza54 Sun 17-Feb-19 23:16:15

When people get free health care we don’t call them scrounged because we have all paid in through s whole variety of revenue raising mechanisms. If we did the same to fund social care ( as in Germany for example) we would all pay in and then take out if we needed it. No one would be a ‘scrounger’ and what we saved/ invested would be ours to pass on as we wished.

GabriellaG54 Sun 17-Feb-19 23:09:56

mcem
A very clear sensible answer. smile