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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My uncle ,who is 88 is now in hospital and not very well at

Customer Question

My uncle ,who is 88 is now in hospital and not very well at all. The hospital has said that he may have to go into care although his wishes were that he wants to finish his last years in his own home. My wife has looked after him for the past 15 years ,can any decision be made without his and our consent.I am his next of kin and he has written his will leaving everything to my wife.
Also is it possible for him to sign his property over to my wife before he should have to go into care , should they force the issue.
Best Regards
Mr. R Salmon
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question, I will do my best to assist.
The decision cannot be made "over is head" unless Social Services intervene on the basis that he is a Vulnerable Person and the care being offered at home is not sufficient for his needs
If this is the case then no I am afraid that there is no action that can be taken with regard to the house in order to avoid the risk of it having to be used to pay for care costs.
However if in fact your Uncle needs Medical rather than Social care then the NHS has to pick up part of the bill.
More information about the complicated position is available here
http://www.ageuk.org.uk/home-and-care/care-homes/paying-for-permanent-residential-care/
Claire