Returning from abroad. Would it be deprivation of assets if my Dad and I buy a house together?

[torbayslim]

Hi,

My Dad has recently had an AZ diagnosis, early stage. I'm his only son and have been living abroad for the past 15 years. My Mum passed away last November and Dad is rattling around in his house down in Devon on his own. I am now about to come back to the UK permanently but with mine and my wife's line of work (Media) there's no way I'll be able to move near him in Torbay. Dad had suggested he sell up and we buy a place together with a Grandpa flat that he can live in. We could probably afford this with the money he'll realise and my savings. Hopefully this will give him some independence but enable us to help look after him too, while providing us with a family home. My question is, what would the LA do in this case if he has to go into care? Would they force a sale or put a charge on the property in future? Very difficult to know what to do and leaving him on his own in Devon is realistically not an option for much longer I think.

 

[Cat27]

I’m not sure what would happen but just wanted to say welcome to DTP @torbayslim.

 

[Lindy50]

Welcome from me too @torbayslim

I’m afraid I don’t have the answer to your question, but I think you’re right to consider the possible future implications of such an arrangement. Maybe you could ring the Helpline? Number on main page here 0300 222 1122.

Hope this helps. Good luck xx

 

[Daffy123]

You could ask the CAB for advice.

 

[Pete1]

Hi, its not altogether straightforward - you will probably not be surprised to learn! I'm not sure if your Dad is having home care commissioned through a local authority currently but I'm assuming not and that he hasn't been through any formal assessment. The Local Authority where you are planning on living should have clear guidance on their policy for what is included in assessment, and that can depend on the duration of ownership of the asset (I'm assuming the 'new asset' will be in you and your wife's name) i.e. some have a policy that if it was transferred X years ago it is not included in assessment. My advice would be to look on the Local Authority website at their charging policy which should provide some guidance. If that doesn't bear fruit then I would suggest contacting the Local Authority Financial Assessments Team for guidance. However, you may also wish to engage your own solicitor (many now have experts in this area of law) before contacting the Local Authority - but obviously you will need to pay for this advice. Sorry a bit of a long winded answer!

 

[Shedrech]

hi @torbayslim
welcome from me too
I appreciate that you want to be as near as possible to your dad and that finances can be a limiting factor

I too think you need to take advice
https://societyoflaterlifeadvisers.co.uk

it sounds great to pool together all resources and pretty much live together but you are right to be considering the future
your dad has a diagnosis so there is a distinct possibility of the need for home care and then a move to residential care, and so buying a house for all of you with your dad's money could be seen as a deliberate deprivation of assets ... which would mean he/you would be expected to provide the finance for his care, and that may well require you to sell any property
certainly, your dad's name must be registered on title deeds or it could appear he has gifted you the property after diagnosis, which would be questioned
maybe look into your dad downsizing to where you settle, in a separate property, so you are close to each other but finances are kept separate

if you haven't already, look into arranging LPAs so in the future you have the legal authority to help your dad manage his affairs ... be aware that an Attorney must not act in any way to directly benefit from being an Attorney
https://www.gov.uk/power-of-attorney