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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33305
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother was diagnosed with Alzheimer's 5 months ago, we are

Customer Question

My mother was diagnosed with Alzheimer's 5 months ago, we are looking to protect her house, please can you tell me is it worthwhile us putting the house into trust ? We have been told that putting it in trust is worthless now as it will be viewed by the local authorities , if my mum is taken into care, as a deliberate attempt to get out of paying care home costs, this is not the case as Mum is perfectly fit and healthy and it maybe years before she is taken into care if at all ?!
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.
HIThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow much is the house worth and how long has your mother owned it?What is her current mental capacity?
Customer: replied 10 months ago.
£400,000 mum has officially owned it for 20 years but she was paying rent there from 1962, my great uncle owned the house but rented it to my parents when they got married, he and his wife passed away 1995-97. Mums mental capacity is fine at the moment, not a problem, she was diagnosed with very early Alzheimer's August last year, hope this helps.
Expert:  Clare replied 10 months ago.
HiMay I ask when your father passed away?Clare
Customer: replied 10 months ago.
Three years ago
Expert:  Clare replied 10 months ago.
That is a shame as otherwise it could have been possible to save at least 50% of the property by completing a Deed of Variation giving his half of the property to you (and any siblings)However that is no longer possible as there is a two year limit.The Local Authority does indeed have a wide remit when it comes to assessing deliberate diminution of assets and I fear it may well be too late.You can read more herehttp://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS40_deprivation_of_assets_in_the_means_test_for_care_home_provision_fcs.pdf?dtrk=truePlease ask if you need further detailsClare

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