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.

OH I thought this was about the OP and his wife particularly when you referred to him being greedy.

The council won’t take the money off your wife all at once - they will
bill her presumably monthly her share of the care costs. If she wants to spend her money on day trips etc she can still do that as it’s not deliberate deprivation. If she hasn’t got capacity to make these decisions the council will appoint someone to ensure she doesn’t suffer financial abuse

Yes

It's about timing.

The 7 year rule may apply here as it does to giving away assets to avoid inheritance tax.

But I'm not sure so the OP needs legal advice.

Without commenting on the morality of all this, 100% get your MIL to speak to a solicitor, if this is what she wants to avoid. There are options such as changing her will & trusts.

This is true. A lump sum could even be invested to provide a small income before it’s needed for the care costs.

So true, my Dad is in a home and even has a car!! (albeit against our advice). They don’t all just sit around watching tv all day.

Sorry but I think if we can we should meet our own care costs. We have to pay our way through adult life. Why should that stop just because we’re old?

I don't think you understand about leaving money in a will. If her will says she is leaving everything to her daughter then her daughter will get what is left after her mother has paid for her care up to her death. There is no deprivation of assets as no money will go to the daughter or any beneficiary until the mother dies.

Any grandchildren who can inherit? It is frustrating but that’s the law. You’re on dodgy grounds coercing an old lady to change her will for you to benefit. It’s joint money anyway as you’re married

It's about time steps were taken to stop people playing the system. And if the OP's wife does inherit money it should be used to pay for her care. The OP just wants the taxpayer to foot the bill.

Thank you fir all your responses.

My wife is permanently disabled following surgery on multiple brain tumors.

I feel the state should pay for the care of people with disabilities. The council have assessed her as in need of 24 hour care.

I hope he's having a great time. Our residents loved their trips out and holidays.

Also, if you suffer from cancer or another physical illness you get funded care through nhs. But if you have dementia you have to self fund. That’s definitely a rubbish system.

@Hateam My understanding was that if someone needs medical care it's possibly funded by the NHS. Not the family.

Have you had proper advice on this?

I've never heard of anyone having to declare savings for a spouse with a medical condition, who would need care for 30+ years.

To be fair, in a welfare state surely the state indirectly through everyone's tax paid (including OP) should fund this?

This is why I wonder if the OP is confused.

If his wife has an illness that is not dementia, and her care is being funded now, why would his savings be relevant?

OP is about to become very wealthy, and is looking for a way to avoid paying their way in life.
I guess that's just how the rich get to stay rich isn't it 🤷🏻‍♀️

I'm very early on in this process.
My council just said if I my wife has more than £24500 she has to pay. They didn't mention Continuing Health Care.

Don't listen to some of the commenters - they are fine with the tax money to be spent on those who never paid into the system, yet adamant taxpayers should be punished in every instance. If I were you, I would talk to a lawyer. My ex SIL from Bulgaria, brought her Bulgarian parents here, they are in a council-paid care home, both of them. Their multiple properties in Bulgaria are being rented, cash, no tax being paid anywhere, and my dn is being educated at a top boarding school, on a 100% bursary, because my ex SIL pleads poverty, and the school is even providing her with a uniform!

£180K is not very wealthy.

It would pay for 2-3 years in a care home.

If his wife has an illness that is not dementia, and her care is being funded now, why would his savings be relevant?

He doesn't have savings, he's eyeing up the inheritance money his 'physically and mentally impaired' wife will likely recieve in the coming years from her mum. Sounds pretty grim if you ask me!

The tories didn't ever bring in the cap on care home fees. They talked about it, in the hope of getting people to vote for them. They had 14 years to bring it in, but never did so and they are no longer in power. Labour have inherited wrecked public services and huge debt, so dont wish for the tax payer to fund care home fees that people could afford.
The NHS did used to have a lot of geriatric beds that people didn't pay for. A friend's grandmother was in one for 16 years with dementia. But Margaret Thatcher privatised elderly care, so it's now profit making, which pushed up prices.

Why should I as a taxpayer pay for your wife's care if she gets £180k
You are being totally unreasonable.
Grow up.

This!
And care home costs are ridiculously high in this country. I know people who own care homes and, what can I say, they're doing very nicely indeed!