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The answer to this issue is one of balance.
On the one hand, if a person deliberately deprives themselves of assets such as capital, property or income with the intention of avoiding paying care home fees the local authority can treat the assets disposed of as still belonging to that person and count them in their financial assessment.
However, it is clear from court decisions that judges take the view that , within reason, the assets that someone has are theirs to do with as they wish.
Where this leaves us is that reasonable sized gifts taking into account to size of capital available will be regarded as reasonable and not deprivation of assets.
When someone is in care an allowance should be made for xmas and birthday presents to family by the local authority.
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