Ask a Family Law Question, Get an Answer ASAP!
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I be so rude as to ask your age please - there is relevance to my question I assure you?
I am 65 years old
my husband has Alzhiemers and is currently in a care home. he has funded himself but his funds are running out. our home is in is name only and I am told that when his funds have expired, I will have to sell our home to continue his funding. can you tell me please my legal writes?
are you able to assist me today, as I do not have access to a computer in an evening or some of the day?
Because you are over the age of 60 years and are your husbands spouse, your husbands home will not be taken into account in respect of any capital means testing for your husband's care
what guarantee do I have to ensure that this is so?
Where a spouse or relative over the age of 60 years and lives with an individual who is taken into care, the law provides that their home is disregarded for the purpose of capital means testing. This is provided for in statutory legislation. The council cannot assess the home in these circumstances
I have been told by a financial advisor that as my husband and I have been married only 16 years, that I do not qualify for this assurance
The financial advisor that has advised you as such is wrong.
He should familiarise himself with rule 7.003 of the Charging for Residential Care Regulations which local authorities are legally bound. This states:
I moved to live closer to my daughter, selling our home and buying another ( I have POA for my husband), and have carried this out in the last 9 months. Will this make a difference?
Where the resident no longer occupies a dwelling as his home, its value should still be disregarded where it is occupied in whole or in part by the resident's partner, former partner or civil partner (except where the resident is estranged or divorced from the partner, former partner or civil partner)
thank you so much, this is very reassuring.
A pleasure. The full legal reference for future reference under which the above rules have legal effect is Local Authority Social Services Act 1970. The rules are updated from time to time but the spouse exemption has been in place from the start and is very unlikely to change as there are a range of legal reasons this would be very difficult to change.
If I can assist any further as the situation develops please do not hesitate to revert to me
If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though