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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34910
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My parents decided in 1999 to do a Declaration of Trust.

Customer Question

Hello. My parents decided in 1999 to do a Declaration of Trust. Since then my Father has been in a Care Home since 2005. I live with my Mother as her Carer. She is now thinking of going into a Care Home herself. The property we live in is hers. My Father has never had to pay for his care because of the Declaration of Trust. How does my Mother stand as far Care is concerned should she decide to go into a home? Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat did the Declaration of Trust actually say?
Customer: replied 1 year ago.
All I know is that once both my parents have passed on the property would become mine and my brothers. Sadly my brother passed away. When my Father went into the Care Home my Mother decided she couldn't keep that property. The property we are in now was bought with the proceeds from the previous property which she was allowed to do.
Expert:  Clare replied 1 year ago.
Can you get a copy of the paperwork at all?
Customer: replied 1 year ago.
I do have a copy. My Mother can be very suspicious so could you call me on my mobile please. *********** Thank you.
Customer: replied 1 year ago.
If you call me will I have to pay more than the £38.00?
Customer: replied 1 year ago.
Sorry to bother you Clare but I need to know if I will hear from you anymore before I go off line? Thank you.
Expert:  Clare replied 1 year ago.
My apologiesThe site will indeed charge you extra for a phone ca;; Can yu send me a copy of the document?
Customer: replied 1 year ago.
Hello Clare. I do have a copy of the document. Where do I send it? Many thanks.
Expert:  Clare replied 1 year ago.
Can you attach it and send it?
Expert:  Clare replied 1 year ago.
You are correct - CSA/CMS payments continue until August - but with a Court Order it is the Order itself which dictates when it ends - and of it says "full time education" then it is the month in which the term ends which is the end point.Whilst I appreciate that the Order does not specify education in the UK that is implied and the fact that the "child" no longer lives with the parent is the deciding factor.So far as the Court is concerned there is no question but that the Order has now ceased.