Inheritance and care home fees

FFS. His MIL is already in a care home. She can’t give either OP or DW any money up front without it being considered deprivation of assets. All she can do is will whatever is left of her estate after care fees are paid.

It’s called continuing care and it’s virtually impossible to secure.

It’s not fraud if it’s permitted under the rules and vulnerable people’s trust were set up exactly for vulnerable people.

Having a life time of care needs on benefits is not much of a life.

Absolutely this!!

Totally agree.

The OP has confirmed that they have no children.

Maybe we need to stick our loved ones in a boat in the English Channel without any paperwork in order for them to get help?

Seems crazy to me that we have NHS health care funded by general taxation and free at the point of use, then when someone needs ongoing nursing care, they have to fund it entirely from their own pocket. It's far worse and more financially punishing than private medicine because at least that's an insurance- based system. OP's wife is only in her forties! We desperately need a more equitable system in the UK.

Agree with this . You definitely pay in Scotland…. It’s not free if you have assets… can be up to £1,550 per week. not sure if this is an up to date figure .

Do you have children? The funds could be left to them instead, bypassing your wife straight to grandchildren?

Ignore the people saying why wouldn’t you just give it all to the council. I’m pretty sure they would look for options if in the position.

OP if your MIL has capacity then change the will, it makes sense to protect the money and use it at your discretion to care for your wife in other ways. That money will be chewed through in no time otherwise and you’ll have no cushion to help.

Why should tax-payers pay for your wife’s care when she’ll be perfectly able to pay for it herself? This would be fraud imo.

You might not pay as much but you definitely pay in Scotland. I have a parent in residential care and they definitely take capital and income into account and make sure they pay.

All care is means tested. LA will always recommend home care because if someone hasn’t got the funds to pay, it’s always cheaper. But if someone needs 24/7 nursing care, unless they qualify for NHS continuing care, it’s means tested.

I feel for you OP but the trouble with the inheritance going to you is that you could decide to cut and run. It's better as other posters have said to have it in a trust to be used for your wife. I can however understand your desire to protect this money.

The OP's wife is young and is anticipated to need residential care for over 30 years. This means that the inheritance would be used up within 3 years. Perhaps her mother would prefer that her money be used carefully over the longer term to ensure that her daughter can enjoy and take pleasure in activities not provided by the care home.

Yes, but not many of us would be stupid enough to air it in public.

@Hopelesslydevoted2Gu gives a thoughtful and learned reply.
Maybe I am naive but hasn't mil saved for her needs for her declining years as countless generations have. Deity willing, many more years too. Bit early to be weighing up the bag of gold.
@Hateam you need to have a conversation with mil about her intentions before you can start planning how to spend her money.
I am sorry for the difficult situation you are in.

Not unless MIL lives for seven years.

Here, you dropped something

Presumably her mother would think that it would in fact be a very good use of her money to fund her daughter's care after her own death, and would be happy for the money she leaves her to ensure she is cared for?

While the OP's tone in his first post grates, and raises suspicions (could he just depart with the money once he's got it, or encourage bad care for his wife so she dies and also, he gets the money) Councils are generally pretty corrupt when it comes to adult social care - Essex may not be great, Surrey certainly isn't and self-funders in effect are subsidising Council-funded residents to the tune of several hundred pounds a week. Self-funders don't get the care they need, rather the care they're going to get - and anyone who complains will be branded a trouble-maker; they can be barred from the home, with the agreement and back-up of the corrupt adult safeguarding team.

On top of which, there is a high population of the elderly in the South-east and there are allegations of euthanasia, carried out via deliberate dehydration in care homes, general wear and tear directed against the autistic who aren't encouraged to live beyond 60 or so, and flat-out fatal injections if none of that works. You are entering a very toxic arena, though the chandeliers of many a care home may look nice.

Unless you can sue the hospital for negligence, if it applies, then yes she needs to pay, if she inherits her mum’s money.
what if she passes away before mum?
Assuming you work, why are you not spending your money on your wife?

If your wife is under retirement age the NHS may pay for care. To those who say she should pay, would they pay for a hospital stay, if it took many months to recover or repeated hospital visits and stays over many years due to a serious illness or disability? If they had the money to pay. Is this means testing the NHS?

www.nhs.uk/conditions/social-care-and-support-guide/money-work-and-benefits/nhs-continuing-healthcare/

OP - in answer to you original q’s. If your MIL wants to and has capacity she can change her will and if she makes you the sole heir you can do what you want with the money including putting it in a bank account in your sole name. I’m not sure whether the council take joint assets into account in their assessment in the case of married couples, but if they dont you are home free as it won’t be and never was your wife’s money. This is what you need to establish. I suggest you start asking questions about how your wife’s care will be funded in the long term to establish the actual facts