Lawyers find care home fees loophole

More people are being urged by solicitors to transfer their
homes to their children to avoid care home fees.

Care home advice body NHFA said its helpline was receiving
regular calls on “protective property trust wills”, under which
people continue living in their homes but transfer ownership to
relatives.

Guidelines make it clear that councils should take into account
transferred assets when means-testing people for care if they have
given them away to avoid fees.

But NHFA said some authorities were not rigorous in
investigating transfers, so some people were unjustifiably
receiving publicly funded care.

NHFA added that older people could end up homeless if the assets
were mismanaged or became caught up in divorce proceedings or they
fell out with their children.

Law Society guidelines emphasise that lawyers should warn
clients that transferring their home was no guarantee against it
being taken into account by councils.

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