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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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My mum is disabled ans wantnto transfer the property tonher

Customer Question

My mum is disabled ans wantnto transfer the property tonher children. Is there a cooling period in which the government can say she will have to sell andnpay for any health costs.
Submitted: 4 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 4 years ago.

wingrovebuyer : Hello. Transferring the house to children so to avoid care home fees could be caught by the "deprivation of asset provisions". If the local authority can prove that a significant motive of your mum giving away her house was to obtain financial assistance with care home fees sooner than would otherwise be the case, then they can disregard the transaction and assess her as if she still owned her home when they carrying out a financial assessment.  In the current climate, when local authorities are having their budgets slashed, they are becoming increasingly vigilant at investigating such transactions. They would investigate the timing of the transaction and her motives for doing so. In answer to your question it is a misconception to think that they can only look back a few years; there is in fact no time limit on how far back they can investigate.

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