When considering long term care, individuals
and their families often ask us if it is possible to gift or
transfer assets before care is needed, in order to avoid having
to use these assets in meeting care costs. The legal position
is that Social Services Departments have the right to make detailed
enquiries into the background of any individual applying to them
for financial support. If they discover that assets have been
gifted or transferred for the purpose of claiming benefits this
may have serious implications.
You should be aware that the right of Local Authorities to investigate
your gifting of assets is not restricted by time; they can
investigate as far back as they deem necessary to ensure that
you have not deprived yourself of assets.
Consequently individuals who effect such transfers can have absolutely NO GUARANTEE
that they will avoid care costs in this way.
" Think carefully before giving away your assets"
Indeed as the financial constraints on Local Authorities become greater in the
face of an ever-increasing demand, it is likely that their investigations into
this practice will become more rigorous.
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