House being taken for care fees

[Dodie66]

We are in a situation where we have our own house and have a DC with mental health problems.
We have put in our wills that they can live in the family home after our deaths for as long as they need to and their siblings know about this and are ok with it. They have their own homes
Now with the new conservative policy on care DC will no longer be able to live in the home if we have to have care.
Is there anything we can do?

I wouldn't worry about it until it's actually passed into law. It's just a manifesto idea at the moment and they are under no obligation to actually go through with it.

As it happens under the current system your DC would be classed as a vulnerable dependent and the house would not be taken into consideration for funding if they were still resident there, I suspect there would be a similar clause in any new arrangements so even that if it does go ahead you may not have anything to worry about.

I think you can transfer the house into DCs name/s, so that if you need care, they remain in the home.
Effectively it becomes their home and you become lodgers, but in reality, not much would change in terms of your family dynamic.
I think there are rules to say it has to have been that set up for X number of years before you go into care, to avoid people playing the system, but in terms of planning for DCs future, given your circumstances, it might be worth looking into.
Regardless of what happens on June 8, you could end up having to sell your home if you haven't made adequate care plans, so if DC is a concern, I'd be taking some proper financial advice.

Ah, didn't know about the vulnerable dependent thing Hatgirl.

I believe it is 7 years. But that is with inheritance tax.

HeadDreamer no sorry, the 7 year thing doesn't apply in relation to care funding. Currently if the council has a reasonable belief that assets have been disposed of purely to avoid paying care fees they can go back as far as required to reclaim this.

The concern with the manifesto is that there is no mention of the surviving spouse, never mind dependents.

Let us hope there is some thought put into it.

I just read about it online and the only way they currently don't take money from your home for care home fees ( I assume the same would apply for the new home care) is if you have a close relative living with you, your husband or partner, or somebody over 60, somebody under 18 and dependant on you or claiming or able to claim disability benefit. At the current time my DC is over 18 but not in any benefits. We'll have to look into that. Hopefully they won't get their proposals through parliament.