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:
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.
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?
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).