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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10096
Experience:  30 years as a practising solicitor.
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My Mum is 85 and a home owner..G42 7NR She has always been

Customer Question

My Mum is 85 and a home owner..G42 7NR
She has always been very independant but recently fell and broke her hip..
She is currently in rehab in hospital after the op 3 weeks ago..walking seems months off!
People are always quick to give advice..but not sure whats good advice and whats not..
One piece of advice has been.. to get her home transferred into my name...as seemingly that affects what happens if she needed (which I'm pretty sure she will) to go into sheltered housing... ?
Is that good or bad advice?
This is all new territory for me.. need some advice please... thanks Dave
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Does your mother live on her own?
Customer: replied 2 years ago.

Hi... Thanks for the reply... Yes, she was living on her own. Dave

Customer: replied 2 years ago.

Yes she does.

Expert:  JGM replied 2 years ago.
Thanks for your reply. As you perhaps know, the state can now ask people who require residential care to pay for that care if their assets exceed about £24000. Below that there is a sliding scale of contributions.

If the person doesn't have that in cash, the state can insist that the person's house is sold to pay for the care.

If, in the meantime, you have taken a transfer of the house into your name, that could be treated as depravation of assets, in other words, steps taken to deliberately avoid paying for care. The state could in those circumstances challenge the transaction.

Happy to discuss further.

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