Councils Target Seniors Gifting Property to Avoid Care Fees

In a concerning trend, local councils are increasingly scrutinizing cases where elderly care home residents have gifted property to their children, potentially to sidestep care fees. This practice, termed as “Gifting Property to Avoid Care Fees,” has caught the attention of authorities grappling with budget constraints. Despite genuine intentions behind these gifts, councils are demanding reimbursement, alleging a deliberate attempt to diminish assets for financial assistance in care. The situation has sparked a heated debate on the ethicality and legality of such actions.

Investigations are being initiated by councils, even if the property transfers occurred years before the need for care arose. This phenomenon, known as “deprivation of assets,” is perceived as a means to reduce an individual’s wealth below the threshold for receiving financial support for care expenses. While authorities argue that their scrutiny is warranted to safeguard public funds, watchdogs have criticized several councils for baseless assumptions and lack of evidence to support claims of deliberate asset reduction.

In a notable case, Cornwall Council pursued a 91-year-old man who had gifted property to his family, including contributions towards his grandson’s wedding and house purchase, as well as funding his son-in-law’s medical treatment abroad. Despite no clear evidence suggesting deliberate asset reduction, the council alleged that the gifts were intended to deplete the man’s assets.

Another instance involved a man in his late 70s who had given his son £25,000 to invest in property development before requiring care due to health issues. Gloucestershire County Council pursued to reclaim the gifted amount.

While cautioning against hastily transferring assets to avoid care costs, Owain Wright of Care Funding Guidance underscores the potential repercussions, including limited accommodation options in later years. The practice of “Gifting Property to Avoid Care Fees” continues to be a contentious issue, highlighting the need for clearer guidelines and fair assessments by councils in such matters.