Recouping monies (deprivation of assets)

[cymbid]

My mum is in hospital , awaiting discharge to assess. She is 91.

My question is in regard to monetary gifts she made a few years ago (maybe 3)

She was fine then. My brother had taken early retirement due to ill health and she wanted to help . She gave him £50k .

She then thought i should have the same . Howerver i only got £40k ??? Not that that matters a bit

Now that she will be assessed for care, She still has her ex council house and maybe £45k in the bank.

What im wondering .... is there any way that my brother and I could be asked to repay that money . I know his is long gone.

Do councils persue folk thru the court , ie could he be made to sell his house if she outlives her capital

 

[SherwoodSue]

I don’t think your mum knew three years ago where she would be today. The money was gifted for a reason. I don’t think it was therefore a deliberate deprivation of assets

Others will know more.

 

[Kevinl]

I think the phrase you need to search for is "deliberate deprivation on assets" laws in the UK do vary and it's about where she lives, England, Scotland, Wales and NI rules do differ.
In England then if the gift was a one off and potentially the need for care could be anticipated by even any memory related issue the get some advice from the local AZ society or similar. Take care. K

 

[Kevinl]

On assets, I meant of, spell correct about to go off. Sorry. K

 

[cymbid]

We are in Scotland

 

[Sirena]

I think it's unlikely you would have to repay the money, because it was given as a gift when she was still well. So she was not trying to avoid paying for care, she didn't anticipate needing care at that time.

I'm sure it varies as to how rigorous they are, but when my mother's funds ran out a year ago Social Services just asked me for the last 3 months of bank accounts. I expected them to then ask for further info, but that was it. (We're in England.)

 

[jugglingmum]

Each council's approach varies as to how far they look back.

My understanding is if you can forsee the need for care then you shouldn't be giving assets away.

Anyone over 80 has a high liklihood of needing care in the near future.

I understand this is the same in Scotland as England. (MIL is in Scotland we're in England)

 

[nitram]

My understanding is if you can forsee the need for care then you shouldn't be giving assets away.

Anyone over 80 has a high liklihood of needing care in the near future.

Unless you have sufficient assets (including house) to cover several years of care before upper limit is reached and are making potentially exempt transfers.