I would be grateful if you could clarify if this situation might be viewed as deprivation of assets by the Local Authority.
A bit of background:
My widowed mother (86 years) had to sell the family house to buy an accessible flat in Aug 2021 as her mobility was suffering. The house title deeds were jointly in my mother and my brother's names as had been the case from purchase some 38 years prior, but my brother, having fallen out with my mother at the end of 2020, wanted no interest in the proceeds of the house sale and agreed that the whole £180,000 was all paid to her. She bought the Flat in Oct 2021 for £96,000 and gave me my brother’s half share, £90,000 in Jan 2022. I put the £90,000 towards a rental property to help provide income for our household (me, my wife and two teenage sons) as our self-employment had suffered during and after the Covid restrictions.
My mother's mobility has deteriorated and may have to go into residential care in the near future, which would mean selling her flat to pay for it & would then be subject to a financial review by the Local Authority, would the £90,000 that was my brother’s share be included as part of her assets or would this be treated as separate?
Question:
Will the £90,000 which we have invested in our rental property have to be handed back to pay for any ongoing care for my mother?