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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Inheritance and care home fees

594 replies

Hateam · 17/08/2024 11:59

Hello!

My mother-in-law is in a care home.

My wife, her daughter, is also in a care home for medical - non age related- issues. My council are paying for my wife's care as we have under £24500 in savings.

When my MIL dies (she's 94) my wife will inherit about £180,000.

We don't want this money going to Essex CC.

Is there anything we can?

Could my MIL's will be changed to remove my wife and replace her with me? She is still of sound mind.

Could the money go into an account in my sole name?

I am aware of the concept of deprivation of assets.

OP posts:
Danglers · 17/08/2024 15:25

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

LavenderPup · 17/08/2024 15:23

Wow, our health service is collapsing yet you want to use the inheritance money on luxuries rather than on care for your wife.

DiscoBeat · 17/08/2024 15:22

Also, self funded care allows for more choice and better care homes, often.

OneFrenchEgg · 17/08/2024 15:22

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

Look at this op as well as other links, it's a NHS page

Danglers · 17/08/2024 15:21

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

DiscoBeat · 17/08/2024 15:20

You want to take your wife"s inheritance for yourself instead of it being used for her care, so that the taxpayer pays instead?
Unbelievable.

Movingon2024 · 17/08/2024 15:19

I understand that op’s wife’s care is medical, so already funded by the NHS.

it is MIL’s money (she is in a care home with cash in the bank) he is trying to redirect.

legally, op, and morality aside, the only way to do this is via a trust, as pps have said. Explanations are all above.

but if your wife is mentally and physically disabled, how much will she get out of nice dinners out and London shows? Is that really best use of the cash for her?

wilteddandelion · 17/08/2024 15:19

this may be petty but i am oh-so-tempted to send this thread to ECC.

I really hope there is no convenient loophole for you to pocket the money and leave the council funding your wife's care.

OneFrenchEgg · 17/08/2024 15:18

I feel sorry for you op. I'm
Imagining you didn't know your wife would need early onset long term residential care for medical reasons and so not only are you losing the future you had planned, you also face losing financial security which others don't. I think it's perfectly reasonable to look for an alternative and I echo pps who have suggested seeking legal advice re your rights

stichguru · 17/08/2024 15:17

Hateam · 17/08/2024 12:41

My wife is physically and mentally impaired and will need care for possible over 30 years.

I was hoping to take her on lots of day trips and visits to nice restaurants and the theatre. She loves London shows.

I wanted the money to give her the best life I can.

Surely though they will only take money for care while it is there? Like with easy numbers (I know this isn't realistic amounts) e.g your wife has £1000. Care is £10 a week. When she goes in they won't go 100X10 is £1000, so we take all she has and that is her first 10 weeks and then after 10 week she has nothing so we fund her. Won't they go £100 in week 1, £100 in week 2 etc? If in week 2 you take her to the theatre and spend £100 on you both for tickets, travel and food then they will stop taking the weekly payments earlier, depending on other funding she has, such as pension or PIP?

Dartwarbler · 17/08/2024 15:17

Ryeman · 17/08/2024 12:11

I think YABU to try and hide the money and get the council to pay for your wife’s care when she could pay herself. If she has true medical needs as part of her care have you explored nhs continuing healthcare?
Also look into the cap that the government were going to introduce. It may mean you don’t lose the whole lot to her care costs.

The cap has been pushed out AGAIN… this time by labour
it isn’t going to happen in all reality. It was all political talk and no intent 🙄🤬

Bromptotoo · 17/08/2024 15:15

Sinderalla · 17/08/2024 14:56

Some people that never worked get it free. Why should people that worked and paid their stamp have to pay??

Because that's the law and has been since geriatric hospitals and Local Authority care homes closed in favour of private provision,

Do you want people who, for whatever reason, never worked to die sleeping rough or pay more, much more, tax/stamp so the state backfills kid's inheritances?

Hateam · 17/08/2024 15:14

For those that have asked, we have no children.

OP posts:
ilovesooty · 17/08/2024 15:10

Sinderalla · 17/08/2024 14:56

Some people that never worked get it free. Why should people that worked and paid their stamp have to pay??

You don't "pay your stamp" to get residential and nursing care paid for. If you have your own property it's reasonable for it to finance your care if you're no longer living there. Perhaps those without their own property could go into workhouses or shift for themselves on the streets so they can be differentiated from homeowners?

summerlovingvibes · 17/08/2024 15:09

I do understand where you are coming from. We are currently in a similar situation where my mum is trying to work out how to protect her money so that some can be passed for inheritance instead of it all going on care costs.

I can't see the answer to this question in your replies - apologies if I have missed it.

Do you and your wife have any children at all?

Sinderalla · 17/08/2024 15:05

@Hateam
Hide the money!
Hide it far away and then maybe the ones that contributed nothing into our vanishing pot of money will have to start contributing, or maybe start asking their families for money, failing that, if it's chargeable and you can't pay, the families can look after them.

I'm sick of working to pay for everyone else!

Leave me and my money alone- if it's free for 1 person, it should be free for all!

Viviennemary · 17/08/2024 15:02

You need to seek advice. Not sure if a DH'sassets would count as joint assets. But if your mil changed her will it wouldn't t be deprivation of assets because she has no obligation to leave money to her daughter. I think it's fair enough to wait to protect inheritance,

whyNotaNice · 17/08/2024 15:01

hm. If you keep the gran's money, other taxpayers money will have to pay for your wife's care. Typical, usual, you name it.

whyNotaNice · 17/08/2024 15:00

KickHimInTheCrotch · 17/08/2024 12:11

Hopefully there is not a loophole in the law that allows you to walk off with your wife's inheritance while the local authority pays to look after her.

😂

Shadow1986 · 17/08/2024 15:00

It was not the OP’s choice or his wife’s choice to be in this awful situation where she has to live the rest of her life in a care home. My mum died of a brain tumour and needed to be in a care home, she had no savings so we got help too. Do people not think care like this should be free to alleviate the pressure on people who have found themselves in these awful situations? I can understand where you are coming from OP. If you have kids then I would suggest getting the majority changed to them but a small percentage to you for reasons you’ve suggested, days out etc.

JohnPrescottsPyjamas · 17/08/2024 14:59

LifeExperience · 17/08/2024 14:56

Her money should pay for her care. Only once her inheritance is gone should the taxpayers pay. Any other arrangement is stealing from the taxpayers.

Not if she’s always paid tax on any income or savings. It’s those that have contributed bugger all throughout their lives and get it free that annoy me.

CharlotteLucas3 · 17/08/2024 14:59

SuckPoppet · 17/08/2024 12:22

I completely understand the difference: we all grow old (barring earlier misfortune) and fair enough to support ourselves in old age frailty if we have the means.

But earlier need, due to disability or disease is surely what our welfare state is for? People with an inheritance don’t suddenly become liable to pay for massively expensive operations.

This isn’t ‘Legal’ and I am not a lawyer but I think it might be a good idea for your MIL to talk to a solicitor. Parents of children with disabilities sometimes leave money ‘in trust’ I think, to avoid the children’s future means tested benefits being compromised.

I agree with this. Sometimes I wonder at the lack of empathy on here. I’m not sure how Labour actually got in if Mumsnet is representative of this British public.

Ellaelle · 17/08/2024 14:59

Just curious as to how long you've been married, are any kids involved between your wife and you? Does your wife have siblings. I'm sure you should be able to mange to take her to shows and day trips without over £100,000

Danglers · 17/08/2024 14:59

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Sinderalla · 17/08/2024 14:58

LifeExperience · 17/08/2024 14:56

Her money should pay for her care. Only once her inheritance is gone should the taxpayers pay. Any other arrangement is stealing from the taxpayers.

How come people that don't have the money don't have to pay yet people that worked and saved get screwed at every corner.

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