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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7323
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My farther is in hospital and will shortly be going into

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my farther is in hospital and will shortly be going into care, can he "gift of deed" his 3 children some money before he actually enters the home, and is he still allowed his annual gift allowance after he is in a home.
he has saving to pay for a time in the home before it runs out
JA: Where are you? It matters because laws vary by location.
Customer: england
JA: What steps have you taken so far?
Customer: nothing we have just found out he needs care, it all happend very quickly
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thanks
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 7 days ago.
I am ok to wait thank you

Good afternoon

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.

If there are any further points kindly reply I will be happy to respond.

Otherwise, please either click accept or rate my answer on the system so get credit for my time.

 

Best wishes

 

Michael

Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7323
Experience: I have 20 years of experience as a solicitor in litigation and other areas
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