Inheritance and care home fees

[Hateam]

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.

Not unless MIL lives for seven years.

@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.

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

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.

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.

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.

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.

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.

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.

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.

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 .

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.

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?

The OP has confirmed that they have no children.

Absolutely this!!

Totally agree.

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.

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

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.

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.

Exactly, thank you.

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.

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?

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.