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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9208
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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My mother is 91 years old. She is the sole owner of her house

Resolved Question:

My mother is 91 years old. She is the sole owner of her house in England worth between £185,000 and £200,000 and there is no mortgage on it.

Currently she receives some social care in her own home. I have Power of Attorney and deal with her financial affairs. She receives Attendance Allowance which I put towards the cost of her social care along with a contribution from her own resources. She has about £10,000 to £15,000 in savings which is why she does not get the social care for free.

Although she is managing at the moment, at some point in the future she may well need to go into a care home. I would like to look into ways of funding the costs of this. I understand that under present rules the value of her house would be taken into account when assessing my mother's eligibility for help with residential care.

Equity release would not be ideal because we would not want to give up a proportion of the house if at all possible.

If I moved into my mother's house, how would this affect the situation? I am my mother's only child and am 66 years old. I am single and retired on a modest pension and live in social housing.

I have read that the rules are being made more generous in 2017 but she may need to go into a home before this.

I would be grateful for any suggestions or advice on ways to protect the estate if this is is possible.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

 

Hi there,

 

Thanks for your enquiry.

 

Under present legislation, if someone needs to go into a Nursing Home, the value of their property will be assessed to see if that person qualifies for state assistance.

However, the state will 'disregard' the value of your property and hence it won't be counted if any of the following applies:

  • Your husband, wife or partner continues to live there
  • A relative aged 60 or over continues to live there
  • A relative under 60 who receives certain disability allowances continues to live there

Therefore, if you were to move in permanently with your Mother, then her property would be disregarded!

 

I hope this sets out the legal position and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

 

Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9208
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and 5 other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.


Dear AL


Many thanks for your answer, which is very interesting!


I may not want to move at the moment, so if I did move in at the point when my mother required residential care, would this count as "continuing to live" in the property or would I need to have lived there for a certain period?


Kind regards


Jenny

Expert:  Aston Lawyer replied 1 year ago.

 

Hi Jenny,

 

Thanks for your reply.

 

The Council would see it as a scam if you were to happen to "move in" shortly before your Mother went into a Home.

 

Although there is no set time period in which you would have to have been living there before your Mother went into a Home (as it all comes down to the circumstances of each case), you would be safe if you had been there for 6 months.

 

I hope this assists.

 

Kind Regards

AL

 

 

Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9208
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and 5 other UK Property Law Specialists are ready to help you

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