When you go into care, you are automatically means-tested and all your assets, including your home, are taken into account when it comes to the payment of care home fees. To ensure your assets are protected and to keep them from being used to pay your care home fees, seek expert legal advice from Lupton Fawcett.
Our team has helped many individuals avoid their assets from being used to pay for care home fees. We help by ensuring proper and legal measures are used to ensure the security of property, finances and other assets.
How to Protect Your Assets
When you move into a care home, the local authority will undertake an assessment of your income and capital to calculate if a contribution needs to be made. Your contribution can include any assets you have, including property.
You cannot simply give away your assets in an attempt to avoid paying care fees, as local authorities have extensive powers when calculating your wealth. But there are ways to ensure your assets go to your beneficiaries. This includes:
- Transferring property
- Setting up a lifetime asset protection trust
- Repaying legitimate debts
- Producing receipts for legitimate expenditure
- Drafting an asset protection will
- Arranging an immediate care plan
It is essential that legal advice is sought when considering the protection of assets from care home fees to ensure you do not fall foul of legislation and your assets go to the relevant beneficiaries.
Protecting Your Property
Most couples will own a property through a joint tenancy, which means that if either person dies, the property automatically transfers to the other. However, should the remaining tenant require care in a home, the entire worth of the property can be used to pay their fees. To avoid losing your half of a property, you can transfer your shares to a family member or place it in a trust, so if the surviving tenant requires care, only half of the property will be used to pay for the fees.
Deprivation of Capital
Local authorities have the power to still consider assets as being yours if you intentionally removed them from reach to avoid paying for care home services. A local authority must prove that when you secured assets you were aware that you may need care in the future. However, if there is a legitimate reason, you have the chance to provide an explanation and evidence to counter their argument, which we can help you with.
How We Can Help
The expert team at Lupton Fawcett is here to help you weigh up your options when it comes to protecting your assets by explaining the benefits and risks so you can make an informed decision. We can then assist you in implementing a plan to help you secure assets legally and properly.
Talk to Us
For more information on protecting your assets, or for help making a decision about care home fees, get in touch with our Leeds, Sheffield or York office today by using the details below.
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With Lupton Fawcett on your side, you're taking control. Contact us today.