Try the calculator below to see how much money you could receive to help pay for your care costs. Download our FREE guide to help answer some of the key questions around care. utting house in Trust to avoid care home fees – Can I do this? Most of us work very hard over the years to buy our own homes and build up our savings for our retirement and would like to leave a “little something” for our children and grandchildren after we are gone. You can also see a video on the pros and cons of equity release on youtube. Avoiding and mitigating care home fees is possible in certain circumstances. We work with with Quadrant Estate Planning for them to bring you their market leading later life planning support. There is a risk that this could be seen as a deprivation of assets. Leave your details below and we will contact you. How much can you keep before paying for care depends on where you live in the UK. You could have gifted your assets many years previously, and they can still count. Steer clear of any companies that claim they can protect your home from being sold if you go into care. Working out the cost of care in a care home for your loved one can be very confusing because so many different factors are involved. How Can a Trust Help You Avoid Nursing Home Costs? The deferred payment schemes offered by councils also differ geographically. Click here to find a care fees advisor in your local area. Paying for Care Homes using Trust Funds Even though they approach old age with mobility issues or memory loss, they delay considering residential care altogether. This is why early planning is required. One of the best ways to  avoid care home fees is to use equity release to fund your care. However, by giving away the ownership of your assets and, say your family home, it can leave you financially exposed in other ways, even if the person that you gifted the property doesn’t intend to do so. Paying for care homes is becoming more and more expensive with high inflation rates and the current economic depression and many people are faced with losing their home to pay for them. It is estimated that one in four of us will be living in a care home during the final years of our life. Whilst this approach may seem the perfect way to use a trust to avoid care costs, the reality is that it is far more complex. Giving away your home is something that you need to think carefully about. All calls are undertaken by Quadrant Estate Planning, an independent Trust specialist. If you are able to access it, you can use this to meet your care costs, make home improvements to make life a little more comfortable and continue living in your home. However, even in this instance, council-funded care may not meet your personal preferences or requirements. In these types of cases, they may well challenge the reason behind using a trust. When you move into a care home, always check what is covered by the fee. It can be both emotional and stressful. Below this, you’ll contribute with the amount based on means-testing. In the meantime, watch this video on how equity release works. care, and therefore the savings threshold for care home fees, You can find one in our directory of advisors, pros and cons of equity release on youtube. If you are looking for ways to pay for long-term care, the Saga Care Funding Advice Service, provided by HUB Financial Solutions, can help you explore your options. Please do not delay, please call us now 0203 653 0625, email reception@steenelaw.co.uk or complete a Free Online Enquiry and we will be delighted to help you. If you are worried about the implications of paying for your own care home costs, or you are worried about the impact this might have on your assets, give us a call now on 023 8007 0169. Many of the schemes are well presented and the advice given is utterly convincing, but the reality is that many such schemes are presented by salespeople more interested in their earning potential than the welfare of their Client. If you live in England or Northern Ireland and have assets or savings worth more than £23,250 (£40,000 in Wales and £27,250 in Scotland), you’ll have to pay for your care home fees. However, simply signing your house over to avoid care costs isn’t possible if it is done a few months before you go in to care. If the NHS does not pay, the care given is subject to a means test. But did you know that there are ways of avoiding paying care home fees? You can also see a video on how equity release works on youtube. Let someone else have the responsibility of maintaining your house. The decision to move into a care home isn’t an easy one to make. When it comes to paying for care, it’s best to plan ahead. The trust will have a set of Trustees who are responsible for looking after the rules of the Trust. With these figures far removed from a pensioner’s typical income, the elderly and vulnerable are having to dip into savings or borrow from family to meet the costs. The majority of people own their homes Jointly which means that on the first death, the survivor would then own 100% of the full property value and this is when your home becomes vulnerable to attack from Care. It can be a shock to many people when they find out they may have to pay over £100,000 to cover their care home costs. So, if for example, you gave your family home to your children, then they could be responsible for meeting your care fees. Why Asset Protection Trusts are not a good way to avoid care home fees. How much does a care home cost? Harriet is an award-winning personal finance journalist who writes for The Observer and the Guardian, among many other national titles. Here is a video on how a care annuity works. The above saving thresholds include any savings and income, such as a pension. Having worked so hard to save, it can seem unfair that the money you have put aside to protect your family and invest in their future be used up for causes not chosen by you. £23,250 is the threshold below which local authorities in England will begin to subsidise or fully cover the cost of your care – depending on your circumstances. If you do this, your property may still be assessed when your assets are calculated, There are legitimate reasons as to why you can gift your assets without them potentially being used as part of the calculation to see if you have to pay for your care fees. Deprivation of assets to avoid paying for care home fees. putting a house in trust to avoid care home fees. In short, the answer to this is maybe. So, in the example of giving your family home to your children, not only could you end up with the double whammy of having to pay for your care and also not having a house to fund your care costs. Beware of taking drastic action to avoid the cost of care. Not having a Will when you die means the government decides what happens to your money. Call The Care Home Fees Specialists Now. Avoiding care home fees. By putting your house into trust and naming someone (usually your children) as the Trustees, you no longer own your house, and should you have to go into care, your property assets would no longer be calculated as part of means testing - however, although that's the logic behind putting your house into trust, in practice it can be a bit more of a minefield. This would, in all likelihood, be seen as a deprivation of your assets. Likewise, you may be thinking about inheritance tax planning. This is why sound, professional advice is so important. This means that they don’t make any provisions financially in case they do need to access domiciliary or residential care in the future. Twice in the past few days people have asked me how it's going and told me how they found a way round it. Costs for home care average around £15 per hour. The three main types of Trusts that people use to protect their property are typically; Alternatives to going into a care home are to consider include, The most popular way to avoid selling your house to pay for your care is to use equity release. The rules are often set out in the trust deed and rules, and these dictate how the trust will work. Gambling away your money. ( 22 February 2019 ). Can you just dispose of my assets to avoid paying nursing home costs before going into care? However, it won’t be counted if, say, your spouse or partner still lives there. This is known as deprivation of assets. There are many different types of Trusts that you can use. It could be tempting to give away or sell your house to relatives to avoid the fees to avoid paying the full cost of care. The simple answer to this is you cannot simply give your money away to avoid care fees. Inheritance Plans: If you wish to leave money or property to your relatives this will affect the type of care funding you choose. soapboxqueen Wed 13-Jun-18 20:30:59. Typically, it is your children that are named as the Trustees. This is a very complex area, and you do need to seek advice. Your funds and assets: How much money do you have? This amount of £177 a week is the allowance for the tax year 2019/20. The sooner provisions are made, the more flexible options you have. The simple answer to this is you cannot simply give your money away. The popularity and growth in these schemes is something we strongly suggest you consider if you decide to take care at home. During this period she had incurred £150,000 in care home costs (5 years x £30,000) and the value of her Estate at death which passed to the children was £100,000. Three examples are: – Life Interest Trusts – Allows you to allocate a beneficiary (usually yourself and/or a spouse /partner or  family members) who then has the legal right to receive income from or use a property named in the trust. Reforms are underway to reduce the likelihood of anyone with ongoing care needs losing their home and all savings. One told me her father put half his bungalow in her name so they couldn't touch that part. how to reduce your inheritance tax liability. The material is for general information only and does not constitute investment, tax, legal, medical or other form of advice. The Community Care Act 1990 imposed liabilities to pay long-term care fees on those in care-homes who aren’t entirely looked after by local authorities. Once savings fall below £14,250, only income is considered for a means-assessment. Can you give away my money and assets to avoid care home fees? It is difficult to protect your home and avoid care fees unless your assets are below the threshold in England, Scotland, Wales and Northern Ireland. 80 replies 5.5K views BML Forumite. It will have its own bank account and assets. Many people find themselves in denial as their health starts to deteriorate. Simply changing the way you own your home to what is known as Tenants In Common, combined with the approp… People who pay for themselves – ‘self-funders’ – will be charged more for the same room in the same care home than if the fees were paid by the local council. The extent of the power your Local Authority has can often be challenged as there is at times some subjectivity involved. When disposal of assets is suspected, you will be means-tested using those funds by default – so you won’t gain anything or benefit from attempting to hide them. The act of giving away your money and assets is in itself, not the only thing that can be assessed. You can find details of which benefits you may be entitled to on the gov.uk website or through booking an appointment at your local Citizens Advice Bureau, Personal preferences: If you are very specific about the type of care home you’d like to live in (perhaps you already have one in mind) – it’s important to know the cost of this and ensure you can meet that cost indefinitely, Local authority provision: Some local authority care homes are very good. Avoiding Care Home Fees. However, there are routes you can take that stay on the right side of the law. Benefits and pensions: Are you claiming everything you’re entitled to? – Interest in Possession Trusts – It’s a kind of trust fund set up to entitle the beneficiary to any income as soon as it is produced. Unfortunately, there isn’t an obvious way, aside from financial planning ahead of old age to give yourself enough funds to meet the cost. Avoiding Care Home Fees: Is It Possible? Again, this is just another type of deprivation of your assets. Therefore, mitigation rather than avoidance is the key. Have a free consultation to discuss your circumstances and see what options you have: If you would like some help, please leave your details below and someone will be in touch. As long as either you or your wife were still living in the family home, the council would have to ignore the value of the home when working out your capital. – Where you can get financial advice to help determine how to pay your care costs. Generally, if you live in the UK, you can get free medical care through the NHS. You want to ensure that whatever decision you make is right for you – which is why information and professional advice is key. If you transfer your property to trustees for them to hold on trust for you, and your intention was wholly or mainly to avoid the payment of care fees in the future, then you risk the local authority treating you as still owning that property when assessing your financial contribution to care costs in the future. On the surface, it might seem like the perfect way to protect your children's inheritance, but local authorities are increasingly wise to these type of schemes, with teams in place to ensure residents are not using them to get out of paying rising care costs. When/if it comes to you paying for your own care your local council will do a ‘means’ test to calculate how much you need to pay towards it yourself. Can you avoid care home fees? You also cannot put your assets into a trust purely to avoid care home costs. Try our equity release calculator to see how much you could get. The natural reaction of many people, when considering the future cost of Avoiding care home fees - setting up a trust may help If you are worried about the implications of paying for your own care home costs, or you are worried about the impact this mi... Read more. ... is a complex issue not simply because of care costs but because the HMRC is keen to prevent people trying to avoid inheritance tax – so legal advice is essential. In a previous article on this web-site dated 18 July 2014, I outlined the basic rules relating to liability for care home fees, including the anti-avoidance ‘deliberate deprivation of capital’ rules. Effectively this means you avoid paying nursing home costs yourself. – Protective Property Trusts – They allow you to save a portion of your property to pass on to loved ones. Get free access to your credit report for 30 days with Experian's trial offer. Another man told me to … Therefore, it is only natural that people are looking at protecting their assets from nursing home fees and looking at how to avoid, and not sell, their property when going into care. Q: I have a degenerative disease and am likely to need residential care within 10-15 years. Crucially, seek expert advice and make sure you know the rules around care costs to avoid falling into any traps and losing more than necessary. However, it won’t be counted if, say, your spouse or partner still lives there. So is there a way of avoiding care home costs? They are also known as ‘Property Trust wills’. All Rights Reserved. Whilst on its own a Trust won’t always stop you avoiding care fees they can potentially be used to mitigate them. 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