We are often asked to advise clients on how assets and income can be taken into account by local authorities when assessing payment for care. Where someone is moving to residential accommodation, the local authority must carry out a financial assessment of that person, and their ability to meet costs.
One issue which must be considered is “deprivation of assets”. This is where someone intentionally reduces their assets so that they will not be included in the financial assessment for care home costs. If you are deemed to have intentionally done so, then the local authority may still calculate your fees as if you still owned the particular assets.
The guidelines provide for what a local authority can take into account when determining whether there has been a deprivation of assets.These can include:
·Transferring property to another person
·Making a lump-sum payment to another person
·Incurring substantial or unusual expenditure
The circumstances of getting rid of the particular asset must also be taken into account in the assessment. The local authority must be satisfied that the deprivation was intentional. The timing of the deprivation will also be important to consider. The person must have known at the time they rid themselves of the asset that they may need care or support. Further, the local authority must be satisfied that avoiding paying care costs was a significant reason for the person getting rid of the asset.
If you wish to seek advice on your own particular circumstances, please feel free to contact one of our experienced private client lawyerswho will be happy to assist you.
Paris Steele has been providing a comprehensive legal service to the residents of East Lothian since 1926. We have offices in North Berwick and Dunbar and are proud to combine the highest quality of professional advice with first rate customer service. We understand the importance of getting to know you and our legal services will be individually tailored to meet your needs and resources. We are happy to act for both individuals and businesses. Our services are available to everyone and whilst our area of practice is limited to within Scotland we have clients from the whole of the UK and overseas.
We understand the importance of getting to know you and our legal services will be individually tailored to meet your needs and resources. We are happy to act for both individuals and businesses.
Cookies are short reports that are sent and stored on the hard drive of the user's computer through your browser when it connects to a web. Cookies can be used to collect and store user data while connected to provide you the requested services and sometimes tend not to keep. Cookies can be themselves or others.
There are several types of cookies:
Technical cookies that facilitate user navigation and use of the various options or services offered by the web as identify the session, allow access to certain areas, facilitate orders, purchases, filling out forms, registration, security, facilitating functionalities (videos, social networks, etc..).
Customization cookies that allow users to access services according to their preferences (language, browser, configuration, etc..).
Analytical cookies which allow anonymous analysis of the behavior of web users and allow to measure user activity and develop navigation profiles in order to improve the websites.
So when you access our website, in compliance with Article 22 of Law 34/2002 of the Information Society Services, in the analytical cookies treatment, we have requested your consent to their use. All of this is to improve our services. We use Google Analytics to collect anonymous statistical information such as the number of visitors to our site. Cookies added by Google Analytics are governed by the privacy policies of Google Analytics. If you want you can disable cookies from Google Analytics.
However, please note that you can enable or disable cookies by following the instructions of your browser.