Ask The Legal Expert - Use a Specialist for Long Term Care Planning

Sean Boucher, an Associate Solicitor in our Lifetime Planning team tackles an issue around putting your home in a trust.

I have been approached by a wealth management firm who say they can help me prevent my home being sold to fund long-term care, by way of a trust. Should I consider this option to safeguard my daughter’s inheritance?

A growing industry has sprung up around the sale of schemes such as this – one firm, in particular, has hit the headlines because they are being investigated for fraud.

Moving into a care home can be expensive and many people are forced to sell their home to pay for such care. Help with care costs is available from local authorities, but it is means-tested and your savings and property will be taken into account when determining whether you qualify.

So, it isn’t surprising that people are looking for ways to avoid selling their home to fund care. Putting your property into a trust can be a sensible option in certain circumstances, but isn’t without its risks. If you take this route your home is no longer in your legal possession so it isn’t part of your capital, and you may not then be required to use it to fund your care.

However, it is crucial to seek tailored legal advice to investigate whether this is the best option for you. Bear in mind that schemes like these are, in general, being promoted by sales staff, not by legally qualified people. A legal specialist will help you with the legal complexities and risks, taking into account your family circumstances, health, and finances. It is possible for a local authority to challenge your exemption from care fees under some conditions, so you must be careful.

It may be the case that a trust arrangement would suit you. These schemes allow you to gift ownership of your home during your lifetime into a trust, thus giving you the right to live in the property rent free for as long as you like. If you then need to move into care, your home can be sold and your trustees can decide what happens with the proceeds. You can draw up a document detailing your wishes, which your trustees can be guided by. However, there may be other options available to you which would be more advantageous in your circumstances.

JCP’s Lifetime Planning team is on hand for tailored legal support. 

For further advice, please contact our specialist Lifetime Planning Solicitors in:

• Swansea: 01792 773773
• Cardiff: 02920 225472
• Carmarthen: 01267 234022
• Caerphilly: 02920 860628
• Cowbridge: 01446 771742
• Haverfordwest: 01437 764723
• Fishguard: 01348 873671

The question posed is based on a hypothetical situation.​