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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my father is currntly in a nursing home and unfortunately my

Customer Question

my father is currntly in a nursing home and unfortunately my mother is about to join him.they jointly own the house.i live two miles away but my buisness and storage area[i am a milkman by the way]is registered at this address.will my parents be forced to sell their home if they havent got the necessary assets?thanks.gary.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What other assets do they have?
Clare
Customer: replied 2 years ago.

my dad has assets totaling £40,000 but my mum has assets totaling £19,000.

Expert:  Clare replied 2 years ago.
Hi
How much is the property worth?
Clare
Customer: replied 2 years ago.

The house is worth £120,000.I live 2 miles away and would ideally like to move into my parents house because I have a cold room for my milk.Is there a way for me to move in?


 

Expert:  Clare replied 2 years ago.
Hi
Can you afford to buy the house from them?
Clare
Customer: replied 2 years ago.

I am 5 years down the line of a 25 year mortgage.


 

Expert:  Clare replied 2 years ago.
Hi
Could you not sell that property and purchase theirs?
Clare
Customer: replied 2 years ago.

I could but I was hoping there maybe another avenue to go down?


 

Expert:  Clare replied 2 years ago.
Hi
No I am sorry there is not.
Social Services will conduct an assessment of what capital is available to your parents - and this will include the value of their property
There is no way of avoiding this I am afraid - simply moving in at this point will be of no assistance
You can simply keep paying for their care from their assets and in due course from your own - that way there would be no need to involve the Local Authority at all
More details here
http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS40_deprivation_of_assets_in_the_means_test_for_care_home_provision_fcs.pdf?dtrk=true
http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS38_Treatment_of_property_in_the_means-test_for_permanent_care_home_provision_fcs.pdf?dtrk=true
Please ask if you need further details
Clare

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