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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Care Home Fees ---- Can the LA put a charge against my Mothers

Customer Question

Care Home Fees ---- Can the LA put a charge against my Mothers home which was transferred to my name (her son) some 20 years ago. My name are on the Deeds.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Have the LA said that they intend to put a charge on the property?

Kind Regards
AL
Customer: replied 3 years ago.

No, haven't got that far through the process yet.

Expert:  Aston Lawyer replied 3 years ago.

Hi Chris,

Thanks for your reply.

I was going to say that the LA are chancing their arm if they feel your Mother has a financial interest in the property and were proposing putting a Charge on it!

Anyway, the law is that the LA can treat someone as still owning a property if they can prove at same point in the past, it was transferred to a third party in order to avoid the payment of Nursing Home fees. Although the LA can look back as far as they like into any such transactions, the longer ago the transfer was made, the harder it is for them to prove it was done for the sole purpose of avoiding payment of Nursing home fees.
As a norm, provided the transfer took place more than 10 years ago, it is going to be almost impossible for the LA to argue that in your case, your Mother made the transfer to avoid payment of fees.

Therefore, provided the Deeds are in your sole name, and there is no further legal documentation in existence which states that your Mother has any financial interest in the property, then the LA won't be able to prove the transfer was done to avoid payment of fees and nor can they legally register any Charge against the property.

I hope this assists and answers your question.

Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you, cheers

Expert:  Aston Lawyer replied 3 years ago.

No worries!

All the Best
AL