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  • Writer's pictureTransition Law

Care Home Fees - Avoid at your Peril!

March 16th 2018

This is the second in our occasional series of ‘Public service’ BLOGs.

We have become aware that regardless of clear information to the contrary, a piece of Legislation and a well publicised court case where 8 people in Nottingham were sent to jail, people are still being convinced to buy ‘Lifetime Trusts’ on the promise they will allow them to avoid care home fees. – THIS IS SIMPLY NOT TRUE.

There are several reasons why this does not work but the main one is that by arranging your affairs for the purposes of avoiding Care fees automatically puts you into the realms of ‘Deliberate Deprivation’.

Deliberate Deprivation means that the council will not get the money they’re entitled to, so anything you have done can be unravelled and your plan will not work. In addition, under some circumstances you and/or your family members could even be prosecuted for fraud.

The ‘Lifetime Trust’ is a perfectly proper Legal instrument but it should not be used for avoiding care home fees. Neither should the other old chestnut of selling/gifting the family home to the children and then continuing to live in it, which ultimately has the same effect.

Be aware Lifetime Trusts are often given different names such as Asset Protection Trust, Family Home Trust etc but they are all the same thing.

If you want advice regarding your own circumstances and what is actually possible within the Law, contact us for a consultation.

Also, remember that during March 2018 we are supporting the Cliveglen Small Dog Rescue and Two Wills only cost £150!

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