Have you been told you can create a trust to avoid care home fees?

Have you been told you can create a trust to avoid care home fees?

If so, you’ve not been told the full story.

Have you heard that transferring title deeds or creating a trust fund is a legitimate way of avoiding care fees? It’s untrue!

Local Authorities (LA) are suspicious of properties that are transferred into a trust.

Any attempt to avoid paying for care in this way is a “deliberate deprivation of assets” and the LA will take legal steps to claw back the money.

There has to be a valid reason for giving away your home.

LAs will carry out checks. If they suspect deliberate deprivation, care fees will still have to be paid, even though technically the person concerned no longer owns the property.

Our advice…

  • If your family member is already in a care home and the LA is making enquiries, speak to us straight away
  • We’ll also investigate whether your family member may be eligible for non-means tested Continuing Health Care
  • If a property has already been transferred into a trust we will see if it’s possible to “unwind” the transaction

Call our solicitors at Care Fees Advice Line on 0800 080 3005 for a free conversation.