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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
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My Mother is 83 years old and suffers fron dementia, she signed

Resolved Question:

My Mother is 83 years old and suffers fron dementia, she signed her house over to my brother and I 6 years ago. I feel that the time is coming for her to go into a nursing home, how would that effect our position on the house financially.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
What was her state of health at the date of the transfer of the house?
What was the reason for the transfer of the house from your mother to you and your brother?
Customer: replied 3 years ago.

She was in a sound state of mind and all was done through a solicitor.

The reason was that she bought the house with money from my fathers death and wanted us to have the house.

Expert:  JGM replied 3 years ago.
How long did she own the house for before transferring it to you?
Did you or your brother receive anything from your father's estate after he passed on?
Customer: replied 3 years ago.

She owned the house for 27 years before transferring it to us.

My brother and I received nothing from my fathers estate.

Expert:  JGM replied 3 years ago.
This is a transaction that would be looked at by the local authority as a possible deprivation of assets so as to avoid care home fees. If the local authority successfully argue that your mother deprived herself of the house for that reason then she will be treated as still owning the house for capital assessment purposes.
However, the timing of the disposal should be taken into account by them when considering the purpose of the disposal. The argument is that it would be unreasonable to decide that a resident had disposed of an asset in order to reduce a charge for accommodation when the disposal took place at a time when she was fit and healthy and could not have foreseen the need for a move to residential accommodation. So whilst the local authority will bear in mind that deprivation can be considered for resources disposed of at any time your argument is that it was made at a time when she was fot and healthy and there was no suggestion that she would have to go into a care home at any time.
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