Care Act 2014 Explained

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Is this were they take money off your property
The Care Act * doesn't directly involve taking money off your property. However, if you're unable to pay for care services, your local authority in the UK might charge your property's value. Is this your concern?
Yes
Under the Care Act *:
- Local authorities can charge your property's value for care services if you're unable to pay.
- This is known as a 'deferred payment agreement'.
- You can choose to delay paying the costs until a later date.
- The local authority can recover the costs from the sale of your property after your death.
What happens if your property is in a trust for the children
If your property is held in a trust for your children:
- It generally isn't considered part of your estate.
- It may offer some protection from care fees.
However, local authorities can challenge this if they believe the trust was created to avoid paying fees. Can you please provide your location for more specific information?
Uk
In the UK, if your home is in a trust, local authorities may still consider it an asset when calculating care fees. However, this depends on several factors, such as:
- The type of trust.
- When the trust was created.
- The reasons for setting up the trust.
What are the different types
In the UK, trusts can be classified into three main types:
- Bare Trusts: Assets are held in the trustee's name, but the beneficiary has the right to all capital and income.
- Interest in Possession Trusts: The beneficiary has a right to trust income, but not the capital.
- Discretionary Trusts: Trustees can decide how to use the income and sometimes the capital.
So how can the council get the property
In the UK, if you've entered into a 'deferred payment agreement' with the council due to inability to pay for care services, the council may claim the amount from:
- Sale of your property after your death.
- If the property is in a trust, the council may still consider it as an asset depending on the type of trust and other factors.
What types cannot let councilvget money
In the UK, no trust fully guarantees protection from care fees. However, a Discretionary Trust may provide some protection. But remember:
- Councils can challenge if they believe the trust was created to avoid fees.
- The timing and intention behind the trust creation are crucial.
What are the time periods
In the UK, there's no specific time period after which a trust is immune from assessment for care fees. However, local authorities may look into the 'deprivation of assets' rules which consider the timing and intention behind the trust creation.
So if the property was transfered 2 years prior to requiring care
If the property was transferred into a trust 2 years prior to requiring care in the UK:
- It might be considered a 'deliberate deprivation of assets' if the local authority believes it was done to avoid care fees.
- Each case is evaluated individually considering factors like timing and intention.
What happens it you transfer your property into tennants in common into equal shares for your children
In the UK, if you transfer your property into 'tenants in common' in equal shares for your children:
- Each child owns a distinct share.
- These shares can be sold or passed on independently.
- However, local authorities may still consider those shares as your asset if they believe the transfer was to avoid care fees.
But I gave the property to them to prevent argument upon death
If you transferred your property to your children to prevent disputes after death in the UK:
- This can be considered a legitimate reason.
- But, if you later need care, local authorities may still interpret this as a 'deliberate deprivation of assets'.
- It's advisable to consult a legal expert in this matter.
What happens when they consider deprivation
In the UK, if local authorities consider it a 'deliberate deprivation of assets':
- They can include the value of the asset when assessing your ability to pay care fees.
- This could result in you being asked to pay more towards your care.
- It's crucial to get legal advice if you're concerned about this.
But how can they take money off the children it was given to them as I believe in law so I do not own this property now, it is not in my name it is in the childrens name
If the property was transferred to your children in the UK:
- Even if not in your name, local authorities can consider it your asset if they suspect 'deliberate deprivation of assets'.
- The council may ask your children to pay care fees from the property's value.
- Consult a legal expert for advice.
It was to prevent arguments about shares each would get
In the UK, if you transferred the property to avoid disputes among your children:
- This could be a valid reason.
- However, if care is needed later, it may still be seen as a 'deliberate deprivation of assets'.
- Legal advice is recommended for this situation.
I don't understand so was I better to sell the property to the children for a nominal payment, they they actually bought it in equal shares
In the UK, selling the property to your children for a nominal amount could:
- Potentially provide a stronger defense against 'deliberate deprivation of assets'.
- But, it could attract other tax implications.
- Each situation is unique, so consulting a legal expert is advised.
What implications
In the UK, selling your property to your children for a nominal amount could have implications like:
- Capital Gains Tax if the property has increased in value.
- Inheritance Tax if you die within 7 years of the sale.
- It could still be viewed as a 'deliberate deprivation of assets'.
What is inheritance tax and the amounts
In the UK, Inheritance Tax is:
- Charged on the estate (property, money, possessions) of someone who's died.
- Usually, no tax is paid if the estate's value is below £*,*.
- If over this threshold, the tax rate is *%.
- If *% or more of the estate is given to charity, the tax might be reduced to *%.
Each childe share is less than *.*
In the UK, if each child's share is less than £*,*:
- They won't usually pay Inheritance Tax as it falls within the nil-rate band.
- But other factors can affect this, like if you gave away any gifts 7 years before your death.
- Always consult a legal expert to confirm.
But not gave away was sold for a nominal payment surly in law this proves they each equal share that they bought for the nominal payment, what dose nominal mean in law
In UK law, a "nominal" payment is a very small or insignificant amount. If you sold your property to your children for a nominal amount:
- The transaction is legally valid.
- However, it might still be viewed as a 'deliberate deprivation of assets' if care is needed later.
- Legal advice is recommended.
And it they consider this then what happens to the property the children purchased
In the UK, if local authorities consider the nominal sale as 'deliberate deprivation of assets':
- They can include the property's value in assessing care fees.
- They can't directly take the property, but may require payment from its value.
- Legal advice is crucial in such situations.
But how can I pay fees when the property was transfered over 10 years ago
In the UK, if the property was transferred over 10 years ago:
- It might not be considered a 'deliberate deprivation of assets'.
- But local authorities may still investigate the circumstances of the transfer.
- If it's deemed legitimate, they can't charge care fees against it.
- Consult a legal expert for advice.
It was in fact done to prevent arguments of who owns what
In the UK, if you transferred the property to prevent disputes:
- It could be seen as a legitimate reason.
- Local authorities may still investigate to ensure it wasn't 'deliberate deprivation of assets'.
- Consult a legal expert for further advice based on your specific circumstances.
Sok will or won't I get fees paid as I do not own the assets
In the UK, if you don't own the assets, typically you won't be asked to pay care fees from their value. However, if local authorities perceive 'deliberate deprivation of assets', they may include their value when assessing your care fees. It's best to consult a legal expert.
Clearly done to prevent disputes
In the UK, if the property transfer was clearly done to prevent disputes among your children:
- It might be viewed as a legitimate reason.
- But, if you later need care, local authorities may still investigate it under 'deliberate deprivation of assets'.
- Legal advice is strongly recommended.
Even if they investigate what can they lawfully do
In the UK, if local authorities investigate for 'deliberate deprivation of assets':
- They can include the property's value when calculating care fees.
- They can't directly seize the property but may require payment from its value.
- Consult a legal expert for guidance.
But surly when the property was sold in law they each bought there share, this was done over 10 years ago perfect health at that time
In the UK, if the property was sold over 10 years ago in perfect health:
- This could potentially be a strong defense against 'deliberate deprivation of assets'.
- Local authorities would need to prove it was done to avoid care fees.
- Consult a legal expert for specific advice.
Care fees was never even considered at that time was not even aware of them
In the UK, if care fees were not considered when transferring the property over 10 years ago:
- This could be a strong defense against 'deliberate deprivation of assets'.
- It's important to have evidence supporting this.
- Please consult a legal expert for advice tailored to your situation.
Was done by a solicitor and stated in the will to prevent disagreement
In the UK, if the property transfer was done by a solicitor and stated in your will to prevent disagreement:
- This may provide a stronger defense against 'deliberate deprivation of assets'.
- Local authorities would need to prove it was done to avoid care fees.
- Consult a legal expert for more detailed advice.
How can they prove anything that is stated in fact, this sounds rediclas
In the UK, local authorities have the power to investigate property transfers suspected of being 'deliberate deprivation of assets'. They would need to prove that the primary purpose of the transfer was to avoid care fees. Legal advice is recommended if you're facing such an investigation.
It clearly States why this was done
In the UK, if your will clearly states the reason for the property transfer:
- It might provide a strong defense against 'deliberate deprivation of assets'.
- However, local authorities can still investigate.
- It's important to consult a legal expert if you're facing an investigation.
But they have nothing to investigate as I do not lawfully own it and cannot get it put back in my name to sell it
In the UK, even if you don't lawfully own the property:
- Local authorities can still investigate past transfers under 'deliberate deprivation of assets'.
- They may include its value when assessing your care fees.
- Legal advice is strongly recommended in such situations.
So who is going to pay the fees
In the UK, if the local authorities determine 'deliberate deprivation of assets':
- They can include the property's value when assessing your care fees.
- They could require the fees from the property's value, potentially impacting your children.
- It's best to consult a legal expert for specific advice.
Was told the children own the property after the transfer was completed I just live hear until death, but unfortuatly requiring care
In the UK, if you transferred the property to your children and live there till death:
- This is called a 'life interest trust' and might be considered by local authorities when assessing care fees.
- It's best to consult a legal expert for advice tailored to your specific situation.
Is there any lawful way to prevent this
In the UK, once a property transfer is completed, reversing it can be complex. You might:
- Consult a legal expert for advice.
- Consider options like 'deferred payment agreements'.
- Prove the transfer wasn't for 'deliberate deprivation of assets'.

Remember, each case is unique and needs expert legal advice.
I was told it cannot be transfered back so how can I go about doing this
In the UK, if the property transfer cannot be reversed, you can:
- Consult a legal expert for advice.
- Provide evidence to dispute any 'deliberate deprivation of assets' claim.
- Consider other financing options for care fees, like 'deferred payment agreements'.
Legal advice is crucial in this matter.
Is there a way to get this transfered as they children will not sign the property back to me
In the UK, if the children refuse to transfer the property back to you:
- It might be challenging as the transfer is generally irreversible.
- Legal advice is crucial in such situations.
- Consider alternative financing options for care fees, like 'deferred payment agreements'.
I don't have the finance for solicitorscfees that's the reason I am asking you
In the UK, if you can't afford solicitor fees:
- You may qualify for legal aid if the issue involves human rights or discrimination.
- You can also seek advice from Citizens Advice or Age UK.
- Charities like LawWorks offer free legal advice clinics.
Always explore your options.
But surly the council would be discriminating agaist me refusing to pay the fees when I do not lawfully own assets
In the UK, it's not considered discrimination if local authorities include transferred assets when assessing care fees. This is part of their powers to prevent 'deliberate deprivation of assets'. If you feel treated unfairly, consult with legal aid services or free legal advice clinics.
Something transfered 10 years ago and stated in a will cannot be considered
In the UK, if the property transfer was 10 years ago and stated in a will:
- It might not be considered a 'deliberate deprivation of assets'.
- However, local authorities can still investigate the circumstances.
- It's advisable to consult a legal expert for specific advice.