Deprivation of assets?

[Palomia]

Hello. This is my first time posting and hope someone can offer some guidance. My MIL is currently in an assessment unit from hospital, with a view to her being transferred to a care home following dementia diagnosis. She has limited savings of around £15k. The house was split equally 3 ways 20 years ago between herself, her husband and her son (my husband). My husband then inherited his dad's share when he died in 2009. His mum then gifted her share to my husband in 2019 so he became sole owner. At the time she gifted, she was in good health, active and could not have foreseen her current health decline or care needs.
So my question is whether the LA would view this as deprivation of assets and make him sell the house to pay for her care? Would the maximum amount they could take be the 1/3rd gifted in 2019?

 

[Kevinl]

Probably won't be an issue, deliberate deprivation of assets is the whole phrase, gifting something over 5 years ago and without any kind of tests or formal diagnosis, can't see you'll have a problem.
But as always agree to everything but sign nothing as they say. K

 

[My Mum's Daughter]

Mum's financial assessment included a question on previous property owned. If the answer was "yes", you have to explain what happened to it and when.

 

[nitram]

When was the first suspicion of dementia?
When was the first MMSE (or similar) test performed?

 

[jugglingmum]

My understanding is you also need to consider her age when she made the gift. Big difference between making a gift at 70 and 90.

 

[Palomia]

When was the first suspicion of dementia?
When was the first MMSE (or similar) test performed?

As a family, we started to suspect dementia about 18 months ago but nothing was done about it. Following a fall and hospitalisation 6 weeks ago, a CT scan was done which showed signs. Whilst she has been in the assessment unit, she has had the mental capacity test which she failed, and was visited by the memory assessment team last Saturday but we have not yet been given those results due to the social worker being on holiday this week.

 

[Palomia]

My understanding is you also need to consider her age when she made the gift. Big difference between making a gift at 70 and 90.

She was 80 when she made the gift. Fully active with no issues. Then Covid lockdown came. She became isolated and her mobility, along with her mental health declined. She is now 85.

 

[jugglingmum]

In my opinion at 80 even if fully fit and active there is a high chance of needing care in the next few years. There are very very few fit 85 year old.

You'll have to wait and see what the LA ask and how far they go back. They very occasionally go back 20 years. But often they don't.

 

[nitram]

Agree with @jugglingmum.

and make him sell the house to pay for her care? Would the maximum amount they could take be the 1/3rd gifted in 2019?

Have a read through
https://forum.alzheimers.org.uk/threads/care-costs-if-a-tennant-in-common.149262/post-2065741 . et seq.

 

[mhw]

I think the fact legally no one can make a relative pay for care, combined with the fact the son owns 2/3rds of the property even without the gifted share they would have to basically take him to court to enforce a sale whilst she was alive or put a charge on her 1/3rd and claim from her estate when she died.
I've read deprivation of assets are usually looked for within 7 yrs but like above can go back 20. But it's hard to prove if it was before any diagnosis of what eventually kills the person.