Tag Archives: Age UK

Want to Avoid Care Home Fees? Beware of the Pitfalls

An estimated 1 million or more people have had to sell their home to pay the cost of care fees within the last 5 years; unsurprising given the average cost of a care home is over £700 per week. Many people who are worried about this are now taking drastic action to try and avoid paying care home fees. The results are not always effective, writes Helen Dandridge, solicitor at Ridley & Hall.

“Any schemes that guarantee to protect your home from being sold to fund future care home fees should be treated with extreme caution” says Helen; “If it sounds too good to be true, it probably is.”

Helen has seen a recent case involving an elderly vulnerable lady which highlights the importance of obtaining independent legal advice from a trusted firm of solicitors before making life changing decisions.

This lady, who lived alone in the Huddersfield area, paid almost £3,000 for her property to be put into a trust. She did not need this service and undoubtedly did not understand what she was paying for. The idea behind the trust deed was to transfer the property out of her sole name, so that if she ever needed to go into a care home, her home would not have to be sold to fund care fees.

Ridley & Hall receive countless enquiries about creating trusts in relation to properties or transferring assets to a family member to protect against care home fees. Whether this option is appropriate to you depends upon your circumstances.

In this particular case, the elderly client went into a care home within weeks of signing the documentation. Her ability to understand complex legal transactions and to give clear instructions is debateable. Sadly, we will probably never know the true extent of what she was advised to do and more importantly, what she understood about the transaction she entered into.

The trust deed would never have achieved the desired outcome for this lady. It was not appropriate in her circumstances and she should never have been advised to sign the documentation. She was asked to pay the money up front and it is unlikely she will get it back.

Unfortunately, this is not an isolated case.

Many people wrongly assume that transferring their property to their loved ones will mean that the local authority will have to fund any care home fees if they need to move into a care home.

If you do not obtain specialist legal advice from a solicitor then you may have difficulties. Local firm Ridley & Hall are aware of companies who are cold calling elderly and vulnerable adults telling them they can protect their inheritance by putting their home into a trust.

If you need any advice regarding making or reviewing your will, inheritance tax planning or registering attorneys, please contact our Wills and Probate team on 01484 538421.

For further information, please see Age UK’s factsheet ‘Deprivation of Assets in the means test for care home provision‘.

Helen and some of her colleagues are running the Leeds 10km Abbey Dash in aid of Age UK on the 16th November 2014. If you would like to sponsor this worthwhile cause, please visit our JustGiving page.

Free Wills Month – Well Worth It For Charity

The Wills and Probate department at Ridley & Hall is pleased to announce the outcome of another successful Free Wills Month, having raised approximately £73,200 of future income for the Free Wills Month charities in the October 2013 campaign. The scheme works by simple Wills being prepared free of charge to the clients in the hope that the clients will include either a cash gift or leave a share of their estate to one (or more, if desired) of the participating charities. The results were processed and recently published by the participating charities: RNLI, Guide Dogs, WWF, National Trust, BHF, Breakthrough Breast Cancer, Arthritis Research UK, Blue Cross and Stroke Association, with fantastic results.

This was the department’s fifth consecutive year of participating in the Free Wills Month campaign and it has again proved to be more than worthwhile. The scheme proved so popular this time that the organisers had to end the programme a week early due to numbers of clients reaching saturation point for the solicitors taking part nationwide. Ridley & Hall’s PWills and Probate department, led by Jill Waddington, and assisted by Hilary Sisson and Helen Webster, were again pleased with the number of clients wanting to take part, and were humbled by the generosity shown.

The department has also just participated in the Calderdale and Kirklees Age UK Will Making Month. This is organised slightly differently, in that the Will is prepared free of charge by Jill, Helen or Hilary, and the client then makes a voluntary donation to Age UK in return. This took place throughout March 2014 and Ridley & Hall received over £500 in donations which was safely delivered to the Age UK team at their Huddersfield office.

These two distinct promotions have received overwhelming responses and Ridley & Hall hope to participate for many more to come (the paperwork has already arrived for October 2014!) In the meantime, Jill and her team would like to extend their thanks, and the appreciation of the charities, to the clients old and new who have made donations and legacies for these worthy causes during these drives.

For further advice on making a Will, please contact the Wills and Probate team on 01484 538421, or by e-mail.