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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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i live with mum dad just died and was her fulltime carer will

Resolved Question:

i live with mum dad just died and was her fulltime carer will the council put a charge on the house for care fees and do i have to sell when mum dies or will they take it when i die
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

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.

Joshua :

Please accept my sincere condolences for your loss.

Joshua :

May I ask in whose name(s) the house is in please?

Joshua :

Does your mother still live in the property?

Joshua :

May I ask your age?

Customer:

mums and dads dads will says it goes to mum myself and 2 solicitors are named as trustees mum just gone into respite but it looks permament 52

Joshua :

Thanks.

Joshua :

Do you know who inherits your mothers property after your mothers passing?

Customer:

100 shares 65 to me remainder split between my 2 children

Joshua :

Thank you. Unfortunately if your father left the property to your mother absolutely then if your mother has to enter care the property will become available to the local authority to be treated as capital in respect of your mothers care. The home would be disregarded if a relative over the age of 60 or under 16 lives this does not seem to be the case here from what you say.

Joshua :

Do check your fathers will carefully if you have not already done so. If your father left his share of the property in a life interest trust for your mother rather than leaving it to her absolutely then the position can be very different as the council would then only have a limited claim.

Joshua :

Do you think there is any possibility he may have left his share of the property in a life interest trust rather than leaving it to your mother absolutely?

Customer:

am not bothered about the charge i just hoped i could stay there till i die then the council can take their money sorry i typed this response before you finished will read the rest of your answer

Joshua :

If he simply left the property to your mother absolutely then you will need to work with what you have in respect of the property. Unfortunately it is too late to change the ownership structure now as any attempt to do so will be caught by the deprivation of capital rules which allow a council to challenge and reverse any attempt to reduce the available capital to them once someone knows they must go into care. However the property will be disregarded for the first 12 weeks of your mothers care if she does have to go into permanent care. This gives you a period to look at options.

Joshua :

If you find your father did not make a life trust in his will, then there are other options rather than simply paying for regular care and watching the value of the property potentially dwindle away. There are products called "immediate care needs plans". These are specialist products which operate a little like an annuity - in return for a one off premium the policy will pay out an agreed amount each month for the rest of your mothers life. This can be attractive because it means that having agreed the premium, you know that your mothers care needs will be covered for the rest of her life. They are not for everyone but they can be very attractive to some and it is worth looking at them in any event.

Joshua :

In order to investigate immediate care needs plans and other potential financial solutions you can contact a local advisor that operates under the Symponia umbrella. They will offer you a free initial consultation on a no obligations basis and you will come away with some further options to consider. http://www.symponia.co.uk/

Customer:

do not want to change ownership someone i know who works for the council in this area told me the home will be assesed but because i live there with my 19 yr oid daughter they will put a charge on but i could stay till i die not mum just wondered if he was correct

Joshua :

Yes you are quite correct, that is what the council will likely do if the property is available for them to claim against.

Joshua :

This is known as a deferred payment agreement and interest would not usually be charged on the amount the council pay for care until 56 days following your mothers passing at which time they will seek repayment of the amount due to them.

Joshua :

Is there anything above I can clarify for you?

Customer:

so if mum dies i have to sell then nit when i die and i becime homless

Joshua :

You would not necessarily have to sell. It depends upon the amount that is repayable to the council and the amount of equity left in the property. Repayment terms can be agreed with the council and they may be willing to postpone repayment for a period or accept repayment from you on installment basis. Also remember that there are other financial options which I would strongly recommend looking at (see Symponia) reference above. Often far better financial arrangements can be provided for than the council will offer. Symponia advisors specialise on advising on providing for care.

Joshua :

Under the deferred payment scheme with the council (where they place a charge on the property) the council will be able to offer a variety of options in terms of repayment such as paying the council a monthly agreed figure to remain in the property. They will not seek to force you to sell where there are other potential financial options available to consider.

Joshua :

Is there anything else I can help you with?

Customer:

no ty very much for your time

Joshua :

A pleasure. If I can assist any further as things develop please do not hesitate to revert to me.

Joshua :

In the meantime please do consider contacting Symponia - they have helped many of my clients in terms of planning financially for parents care and are not in any way pushy.

Joshua :

Best wishes

Joshua and other Law Specialists are ready to help you