Inheritance and care home fees

It’s not, otherwise he wouldn’t be asking.

The question that you should have asked, OP, is "should NHS treatment be means tested?"

I bet you would have got a whole lot of different answers then!

They are. OP is asking how to avoid any more of them being used.

In this case the lady requiring care is paying for it.
It's her grabby son in law doesn't want her to as wants his mils cash when passes

Where do you get that from - nothing in OP’s posts suggests that otherwise they wouldn’t be asking how to avoid the care fees.

Yep. And once someone is actually in care, you can’t set up a trust fund to avoid care fees. The expectation of care fees at the time you put assets into trust is already satisified.

So you want your MIL's money while the Council pays for your wife's care?

Why do you think I was accusing anyone of fraud ? The question is not whether MiL leaves OP’s wife the full inheritance - that’s not possible because MiL has to fund her own care. The most she can will to her DD is whatever is left of her estate after care fees are settled on her death. Read back through my posts, it’s perfectly clear.

Putting money in somebody else’s name so that you can claim care which you would otherwise not be entitled to IS fraud. The money isn’t going to anyone vulnerable it’s going to the husband….!

Everybody wants better social care but nobody wants to pay for it.

Your Mil is paying for her care out of her money. It'd not your wife's money.
Why should tax payers fund your mils care when she has funds to do so herself?

One friend has mobility issues. She has a car on the motorbility scheme. Should she pay for that herself?

She does pay for it herself. She'll be paying £75 a week for the car from her PIP award.

It is not free.

Personal care at home is funded by the state - no means testing - in Scotland, nothing more. Up to four visits a day for toileting / feeding / washing / médecin etc.

My mil is in nursing care in Edinburgh: taxpayers spend £1800 per week to keep her alive. She’s completely immobile, doubly incontinent, can’t communicate, can’t feed herself. She’s been there for 4 years. That’s £374,400 already. For one person. She may well live for many years to come. She only worked part-time, not much of a pension, and only owns half an apartment with FIL lives in, so it’s discounted. She didn’t save a penny towards care (and neither she should have).

we need a big conversation about ageing and dying and why we keep people alive well beyond their natural span.

Deprivation of assets means that if you have a reasonable expectation of needing care at the time you give away your assets the LA will treat you as though you still have them and will refuse to fund your ongoing care

What are you on about?

MIL is in a home and paying fees.

OP’s wife is in a care home and fully funded

The question is if MIL left OPs wife the full inheritance - it will be swallowed up in a couple of years.

There is no fraud.

It’s the same as parents not leaving a disabled child an inheritance so they don’t lose their assisted living and expenses - they leave it to a more bale child who will help and care to the sibling.

Yet again the middle are squeezed - it’s not right and it’s not fair - if the rich paid their dues and the work shy worked we wouldn’t be in this position.

OP is a very small drop in a very large ocean.

Good luck.

How come MIL’s assets aren’t being used to fund her care?

And where did I say she should give away her assets!! I said she should change her will so that her remaining estate does not pass to her daughter. This is the question the OP asked - nothing about giving assets away while his MIL is alive, the OP was very clear and said that when his MIL died there was an expectation that £180k would be left.

Correct. Think current figures are only 25% - but the figures are rising and projected to rise significantly. More of us will be effected by carehome fees for various reasons including the councils ensuring they get the money from people who can pay. Things used to be very lax and easy to get away with few 20+ years ago. Even trusts and other ‘loopholes’ etc now are much more challenging and no guarantee to work. Council can and will challenge.

It must be so hard. I have experience of getting funding 24 hours funding for a family member. It's not an easy process is it?

Do tell us next time you take advantage of a service that you are perfectly able to pay for yourself.

Got enough savings to pay for a GP appointment? A trip to A&E? The cost of a fire crew coming to your house? If you have enough savings to fund a new boiler you could likely perfectly well pay for these tax-funded things yourself.

Should you become seriously ill you might be able to afford a couple of weeks in hospital if you have a good amount of savings.

Exactly, thank you.

People please stop with this. Deprivation of assets means that if you have a reasonable expectation of needing care at the time you give away your assets the LA will treat you as though you still have them and will refuse to fund your ongoing care. Mil can only leave in her will the residue of the estate once her own care fees are paid . If she lives another few years £180,000 will be eaten up in those fees and there will be very little left. There isn’t any way around this as she is already in care.