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Original poster

Protecting property if parents go into care

211 replies

Abwettar · 25/01/2025 17:27

Hi, I'm wondering if anyone can give me some insight regarding protecting my parent's home from care home fees?

The current situation is that I am an only child, there is no other family. Aside from the house, there are no other assets. My parents have joint ownership of their house, worth around 100k, and are both currently living there. They are both in poor health, my dad has been diagnosed with terminal cancer and my mam has been diagnosed with dementia - however they both have capacity to understand the situation at the moment. They have always been adamant on me getting the house after they pass.

There are no plans for either of them to go into a care home, I would like for them to stay in the house as long as it's safe to do so, with care from myself and carers going in throughout the day.

I was looking into putting the home into a trust, but I have read some conflicting information on if this would be considered deprivation of assets due to their poor health.

My question is, if both my parents were to make a will and each leave their 50% share of the house to me, would this protect at least part of the house? For instance, if one of my parents passed away, would their half of the house be protected from care home fees, even in the situation that the other parent had to go into a care home?

Any advice on this situation would be greatly appreciated

Thank you

OP posts:
SittingNextToIt · 25/01/2025 17:33

And who would pay their home fees?

Hoppinggreen · 25/01/2025 17:36

So how will they pay care fees then?
Anything you do now given their health will be seen as deprivation of assets so don't waste your time
Sorry OP, looks like no inheritence for you

Puddleclucks · 25/01/2025 17:36

It's far too late to do a trustworthy anything now, if they need care it will likely being the next 7 years.

My understanding is that the LA can put a charge against had the house for each person that needs care, down to a certain amount depending which country you are in. After that their pension etc will be taken into account and they'll be left with £30 a week pocket money.

Mrsttcno1 · 25/01/2025 17:37

SittingNextToIt · 25/01/2025 17:33

And who would pay their home fees?

Exactly this.

Essentially OP, no, you can’t avoid paying for your own care when you have the means with which to do so.

There are restrictions which would prevent the house being sold if one parent was living there and one in a home for example but even in those cases the money has to be paid upon death/when house is sold instead, so still come from the estate.

They can be as adamant as they want about you having the house but unless they can cough up the money for care home fees from elsewhere it’s not up to them.

Hoppinggreen · 25/01/2025 17:37

Puddleclucks · 25/01/2025 17:36

It's far too late to do a trustworthy anything now, if they need care it will likely being the next 7 years.

My understanding is that the LA can put a charge against had the house for each person that needs care, down to a certain amount depending which country you are in. After that their pension etc will be taken into account and they'll be left with £30 a week pocket money.

You are correct apart from the 7 year thing, Deprivation of Assets has no time limit

Blushingm · 25/01/2025 17:41

Why should the rest of us pay for your parents care fees just so you can keep all their money?

Soontobe60 · 25/01/2025 17:43

OP, you cant do anything. That’s because the house doesn’t belong to you. With the dementia diagnosis it would be extremely unlikely a solicitor would be willing to agree to writing a will where the testator has no longer got capacity to make such important decisions. Also, why do you think you should get to keep half the value of the property whilst the rest of us pay via our Council Tax for care fees for your parents?

Thecatknowsshesboss · 25/01/2025 17:51

If your parents own the house as tenants in Common, then they can each leave their share of the house to you rather than the house passing to the other automatically if owned as Joint Tenants. They really should get advice from a solicitor.

LA homes can be grim if they needed to go into a care home, the quality of care when paying as opposed to LA homes is really high.

punnedout · 25/01/2025 17:54

Oh look, yet another entitled person who think that the taxpayer should pay for her parents’ care so that she can protect her inheritance. Tedious.

LikeABat · 25/01/2025 17:55

Could they sell to you at market rate and then you rent it back to them? Then you get the house assuming you want it of course.

InkHeart2024 · 25/01/2025 17:57

LikeABat · 25/01/2025 17:55

Could they sell to you at market rate and then you rent it back to them? Then you get the house assuming you want it of course.

That's deprivation of assets... actually thinking again no it isn't because the parents would then have cash assets that they would have to spend on care anyway!

Toddlerteaplease · 25/01/2025 18:01

punnedout · 25/01/2025 17:54

Oh look, yet another entitled person who think that the taxpayer should pay for her parents’ care so that she can protect her inheritance. Tedious.

2nd one this week!

LikeABat · 25/01/2025 18:01

@InkHeart2024 only deprivation of assets if they give the house for less than its market rate. Still no inheritance as they would spend the money on rent and/or care home fees.

yeesh · 25/01/2025 18:06

Care home fees don’t take 100%, depends where you live but in Wales it is 50k each so if the house is only work 100k then no fees would be due anyway

RNBrie · 25/01/2025 18:12

Please be really careful of setting up any sort of trust. My in-laws got scammed by a "lawyer" who said it was possible to avoid paying care home fees. The trust cost them £6k and was worthless.

PickledPurplePickle · 25/01/2025 18:19

It’s too late now - this would have to have been done years ago

Iloveeverycat · 25/01/2025 19:10

Your parents might want you to have the house but if they both have to go in a care home they will have to sell the house to pay for it so you will only get any money if there is any left my mums care home is £1850 a week so you might end up with nothing

mjf981 · 25/01/2025 19:32

Enjoying my popcorn here... Smile

titchy · 25/01/2025 19:42

Given that OP has said neither is looking at a care home and that the plan is for them to remain at home with carers, she's just asking for sensible inheritance planning advice.

Not a lawyer, but dh looked into this with his parents. If they own as joint tenants then upon the death of the first one, the house passes to the other, regardless of will. The will of the survivor then determines who inherits. If the survivor subsequently needs a care home, then the house in its entirety would be sold to fund the care.

Alternatively if they own as tenants in common (and it's easy to change to this if they're currently joint tenants), then they are both able to leave their half of the house to you (they should have a clause in their wills that allow the surviving spouse to remain). If the surviving spouse went on to need care, then the house would be sold to pay for it, but as you had inherited half the house, it would only be the survivors half that could be used.

Of course if they both end up in a care home then the house would end up being sold to fund them, although not immediately if one still lives there but a charge would be put on the house.

CoffeeCueen · 25/01/2025 19:50

I think you’ve had some quite harsh replies here. I’m sorry your parents are so poorly.

I for one do not blame you for thinking about how you could try and protect a small inheritance for yourself. When you think of all the wealthy people piling up savings, investing in multiple properties and shares … that’s not earned , and a lot of it can be inherited tax free (well, £1m without much effort if the estate belonged to a married couple).

Im sorry you are in this position, and hope you do not find it to difficult helping them live out their lives in the family home.

DustyMaiden · 25/01/2025 20:05

You can care for them yourself. Move in with them or them with you.

Kendodd · 25/01/2025 20:13

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

rwalker · 25/01/2025 20:19

Each parent leave there 1/2 to you instead of spouse

Icanttakethisanymore · 25/01/2025 20:25

To be fair it’s a relatively small sum of money. I’m sorry to be crude but… if your dad left his half of the house to you (assuming he dies first), your mum would only have her ‘half’ to fund care home fees (ie. 50k) I think they leave you with 20k odd anyway so not a bad compromise.