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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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How do I protect my home if my husband has altziheim's

Resolved Question:

How do I protect my home if my husband has altziheim's
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify in what way you wish to protect your property please - do you mean protect from care fee claims?
Customer: replied 2 years ago.

Yes, also are all bank accounts in my name only ,are they ok..We have only one joint account int

Expert:  Joshua replied 2 years ago.
Thank you. May I ask does your husband still have mental capacity or has his conditio progresed to a stage where he cannot really be said to still have capacity to make decisions about the property?Do you know if you own the property as joint tenants or tenants in common? If you are not sure that is fine
Customer: replied 2 years ago.

My husband refuses to attend his doctor.

Expert:  Joshua replied 2 years ago.
Thank you. Do you know if you own the property as joint tenants or tenants in common? If you are not sure that is fine
Customer: replied 2 years ago.

We jointly own the property, with no mortgage..

Expert:  Joshua replied 2 years ago.
Thank you. The first thing to say is that because you are married, if your husband were to have to enter into care, so long as you continue to live in the property, your entire home will be disregarded by the local authority in terms of means testing. The only risk to your property therefore is if you choose to sell or move out in which case up to 50% of the value may become available to the local authority to claim towards your husbands care costs. in respect of bank accounts, your husband is allowed £14,500 of capital before he must contribute towards his care costs. The local authority can look at any bank accounts in your husband's name and up to 50% of the value of any bank accounts in your joint names. they can also take all his income to pay towards care except just over £21/week which he is allowed to keep for expenses. The local authority cannot touch your income (e.g. pension).As above, if you choose to sell the property or move out of the property at a point your husband is in care, then up to 50% of the value of the property may become available to the local authority to claim towards your husband's care costs. If you are keen to seek to protect against this, you can to some extent protect against this by using a life trust though because your husband will not be able to protect his share of the property using a trust due to his condition, there is a limit to how much you could seek to protect his share of the property at this stage.If you would like to investigate the use of a life trust or look at other funding options for your husband you may wish to contact Symponia. this is an independent network of financial advisers that specialise in advising on care fee funding. you can normally organise an initial free consultation and there is no obligation to take use their services f you do not want to. I have found SYmponia to train their advisors very well and you are likely to come away armed with more knowledge than when you walked in so this can be a worthwhile exercise.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
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