House in Trust when the owner is one of the trustees

[OMGitsnotgood]

On behalf of a friend, with his permission.
He will speak to his solicitor eventually but has too much on his plate at the minute so said I'd ask on here in case there are any solicitors reading this or anyone who has been through it themselves.
Friend's father is likely to move to a care home soon. Friend knew the house was written in Trust to him and his siblings. He thinks that means the proceeds of the house sale cant be touched for care home fees. He's just found the document and noticed that his father himself is also a trustee. Another friend has told him that they do that to so that the other trustees can't sell the house and leave him homeless.
But he is now wondering if that make a difference to whether the proceeds can be used for care home fees (if indeed his initial assumption is correct anyway).
He said his father has already lived longer than the period required for the trust to be valid.
Thanks

My understanding is that the money does not have to be used for care home fees even though the father is a trustee.

However does your friend really want his father placed in the first home that social services has available? This home could be miles away, have a terrible rating, not suitable for his fathers needs etc.

As in most situations, money gives you choices.

The law around the trust is a bit of a moot point if the local authority determine that its been set up with the deliberate intention of avoiding care home fees.

If they can evidence that it most likely has then they will just charge the care home fees anyway and someone will have to pay them whether they do that by selling the house or through other means.

And to reiterate the point made above, why on earth would anyone actively choose to put themselves at the mercy of whatever care home can be found by the local authority at the cheapest rate?

@hatgirl most people I know do. The only way the majority of people know how to pass any real wealth on to their children is via property. They work for years paying into a home hoping they will have something tangible with which to change their own children's lives and find it very distressing when the sum of that work has to be sold to pay for their care.

There's a lot of nuances to the discussion but when some people are able to access this care for free they see it as incredibly unfair that they are being punished for essentially doing what society told them was the sensible option.

Thank you. Friend's Dad does have other savings, more how quickly the house will have to be sold once that runs out if there is no other funding to keep him in a decent place. He is visiting various homes to find the place best suited to his needs, he's been to several, discounted one and looking at a couple more. I agree that house proceeds should be used to ensure the best care if no other sources of funding available, but that's not my business, was just helping him with the question that was bothering him while he's running around like a headless chicken.
The house was put in Trust after friend's Mum died, about 10 years ago and his Dad was still fit and well. Don't know if that makes a difference
Thanks for your responses, very helpful

@OMGitsnotgood

The trust may be that on his Mums death her share of the house was put in trust for her children and her husband/DF has a life time interest in her share.

Only a legal advisor who has sight of the trust can advise.

Trusts like this are usually set up so the surviving spouse can stay in the property. It’s not unusual the DF is a trustee. That gives him some say in decision making. The issue is that he doesn’t want to stay in the house. So either he pays care fees from savings or friend consults a solicitor on releasing funds from the house. Probably by selling it. Trusts are a bit blunt when the surviving spouse cannot stay in the house. They are set up to allow the spouse to live in the house. Better to downsize and have bigger savings in this scenario.

@TizerorFizz thank you - what I'm not clear about from your post is why achildren are ever Trustees, if they are set uo for the parent to stay in the house? (Now thinking this through for our own DC)

Generally so that if the surviving parent remarries, their inheritance from the deceased parent is protected.

@ShadowPuppets thank you