[muscle750]

My mother who is 80 has sadly had a stroke and although now back home, her mental state has been badly affected, My stepfather who is 88 has been named as her primary carer!, The NHS have put in care for the first 6 weeks, then its over to the authority.
Sadly i dont thing he will be able to manage for very long and she may well have to go into home, the thing is as i understand it if she does go into a home and he remains in the house which they own outright, if sadly something happens to him then the authority have first charge over the property.
I understand that there may be a legal loophole, that if the will is changed as it stands now, that if the sadly anything does happen to him first the authority wont be able to force the sale of the house to cover her costs. I understand that if the house is sold which it obviously will be they will only be able to get 50 percent of the proceeds.
Value of the house would be about £280K, the way house prices are going 6 months and we will be looking at 30 pence!!
Basically understand you have to name the person in the home as something in the will but i dont know what.

[AQ]

I am really sorry to hear about your family troubles. I do hope that everything works out as well as possible under the circumstances.

This is a very complex matter. We are both retiring soon and looked into this care home problem as a worst case situation, hopefully many years away.

You need to get professional help from a qualified solicitor as soon as possible

I do not expect anyone here will be able to give you the detailed advice you so obviously need as that will depend on the exact circumstances.

One thing I do remember one thing we were told was that any actions taken must not be for the primary purpose of avoiding that claim by the council. If the action has that side effect then it is OK.

One solicitor we talked to wanted to set up a trust for each half of the house we each own.

Another thing was that if your Mum has to go into a home then her pension and the care allowance she will get will go towards the costs so that the difference that has to be found may not be as much as it appears in the first place.

Once again at this very difficult time for you you must get professional advice and as soon as possible.

Hoping things work out for you

[muscle750]

Many thanks for the reply, they have both been through alot in the last 12months. Hes had 4 heart attcks and one lung since the end of the war, and shes had a stroke and has got over two episodes of nasty infections whilst she was in hospital she was in isolation twice, and yet they atre both still hanging in there.....just!

[silkstone]

As AQ says, you must obtain legal advice. The situation regarding care homes and who pays is complex and depends on the person's assets. If your stepfather passed away while your mother was still in care, the LA could have a charge on the property (and perhaps other assets) to pay the residential home fees.

The government's attitude towards all this is basically that taxpayers' money should not be used to safeguard someone's inheritance, so the house counts as part of her assets once there is nobody else living there.

I really hope you find a good solution and that your mother and stepfather have some happiness in their remaining years.

[Dave]

Agree. A couple of hundred quid spent wisely for advice now, is going to save you thousands ... literally. Sooner the better as well, just in case there are timescales linked to any changes you make.