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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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My mum is in a care home but she has savings of £100,00. Can

Resolved Question:

My mum is in a care home but she has savings of £100,00. Can she give this as a gift to her three children to avoid paying full care home fees? Is this legal? If she spent the money, would this make a difference to the amount she has to pay for her care home?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Can you confirm the amount please £10,000 or £100,000?
Customer: replied 3 years ago.
£100,000-sorry forgot the zero
Customer: replied 3 years ago.

£100,000

Customer: replied 3 years ago.

How long is it before I hear your reply? I understood it was going to be in 15 minutes-Liz

Expert:  JGM replied 3 years ago.
Your mother cannot gift this money to her family and will have to declare it I'm afraid.

If she spends the money or gives it away the local authority will treat this as depravation of capital and will not pay her care home fees for that reason.
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