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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience:  Over 5 years in practice
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I am concern about my self been put in care and my home taken

Resolved Question:

I am concern about my self been put in care and my home taken off me to pay care charges ,is there any thing I can do to stop this happening
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there much equity in your house please?
Customer: replied 3 years ago.

Equity it will be in the region of 130 thousand

Expert:  Jo C. replied 3 years ago.
Thank you.

I'm afraid that it's a little more complicated than that.

If any transfer into a trust or to another person is done to avoid care fees then the local authority can set aside the transaction and use the proceeds from the house sale to pay for care. They can do that until there is only £23,000 left.

I know that there are many schemes that purport to avoid this but I have yet to come across one that works.

There are many newspaper articles advising people in your situation to be where of such schemes. See below

http://www.telegraph.co.uk/finance/personalfinance/insurance/longtermcare/10117822/Warning-over-care-home-trust-schemes-that-promise-to-protect-your-property.html

There is no timescale in which assets have to be given away or transferred after which they are beyond the reach of the local authority.

I'm very sorry as I know that this is unfair because you work all of your life to acquire a property only for the state to remove it from you but I have to give you truthful information.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience: Over 5 years in practice
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