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A question for any UK lawyers

A question for any UK lawyers

Old Sep 16th 2010, 12:37 pm
  #1  
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Default A question for any UK lawyers

My father has recently gone into an state run "Old folks home" and now has to sell his home for to pay for his care. What I have been trying to find out is, if he gave me all of his money (proceeds from the sale of the house) and I brought that money to Australia, what is the worst that could happen to me or my dad. I am just hitting my head against a brick wall in England as no-one can give me any answers.

I would appreciate comments from people who understand this matter in LAW and not just speculation of what could or might happen.

I am aware that the law is about to change next year, but, this will probably be too late for my dad and the government will take most of his money off him.

BTW, my mother is no longer with us.

Thanks
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Old Sep 16th 2010, 2:21 pm
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Default Re: A question for any UK lawyers

Originally Posted by Marissa View Post
My father has recently gone into an state run "Old folks home" and now has to sell his home for to pay for his care. What I have been trying to find out is, if he gave me all of his money (proceeds from the sale of the house) and I brought that money to Australia, what is the worst that could happen to me or my dad. I am just hitting my head against a brick wall in England as no-one can give me any answers.

I would appreciate comments from people who understand this matter in LAW and not just speculation of what could or might happen.

I am aware that the law is about to change next year, but, this will probably be too late for my dad and the government will take most of his money off him.

BTW, my mother is no longer with us.

Thanks
If you're looking for legal advice it might be worth actually contacting a lawyer. It's unlikely that you're going to find legal advice free on the internet.
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Old Sep 17th 2010, 5:17 am
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Default Re: A question for any UK lawyers

Originally Posted by Dorothy View Post
If you're looking for legal advice it might be worth actually contacting a lawyer. It's unlikely that you're going to find legal advice free on the internet.
I wasn't after free legal advice! I have all ready been to a solicitor and she refused to comment. Was just wondering if anyone had been in a similar situation and on the off chance a lawyer on this site may want to give any comment.
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Old Sep 17th 2010, 6:33 am
  #4  
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Default Re: A question for any UK lawyers

This may be of interest to you

http://www.ageuk.org.uk/home-and-car...ome-provision/

The basic issue is that they could assess your father as still having the asset and seek to recover the costs from you. How successful they would be is a different issue - there are a few threads on debt recovery elsewhere.

The council are still required to provide care for your father - the level of that care would be to meet basic needs.

I am not a lawyer and do not have direct experience of the issue - but have some understanding of how local authorities work.

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Old Sep 17th 2010, 8:50 am
  #5  
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Default Re: A question for any UK lawyers

They can check your dads accounts and go back over a certain period of time to see if "gifts" have been made and to whom. A local authority has the right to seize assets that have been deliberately disposed of to avoid paying fees.

If monies have been transfered to Australia the government authority has the right to sue in a UK court and then register the judgment in Australia and chase the debt through state or territory court under the Foreign Judgements Act 1991.

or they could sell debt to a UK collection agency who will then employ an Australian agency to act for them which if done through the correct channels is enforceable.

Its all about wether or not you want something like that hanging over you for a very long time ?? If you fell off the face of the planet you would have to hide for I think 6 years which means no credit whatsoever, no applying for mortgage etc.

What if you wanted to return to the UK to visit your dad or move back one day ?? it could all catch up with you in the end.

You could try another avenue which is the reason your dad has to go into the care home in the first place. There are certain illnesses and care that is covered on the NHS and is not funded by the local authority. Check to see which he qualifies under. If he is under NHS care then they cannot bill you. Also when your mom passed did her share just pass automatically to your dad or did she leave her share to you either in name or trust ?? If this was done they cannot touch the house.

I am not a lawyer but put it like this, if your solicitor didnt comment then take that as a forget it. They can be struck off for that sort of 'naughty' advice.
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Old Sep 17th 2010, 11:24 am
  #6  
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Default Re: A question for any UK lawyers

Originally Posted by Marissa View Post
My father has recently gone into an state run "Old folks home" and now has to sell his home for to pay for his care. What I have been trying to find out is, if he gave me all of his money (proceeds from the sale of the house) and I brought that money to Australia, what is the worst that could happen to me or my dad. I am just hitting my head against a brick wall in England as no-one can give me any answers.

I would appreciate comments from people who understand this matter in LAW and not just speculation of what could or might happen.

I am aware that the law is about to change next year, but, this will probably be too late for my dad and the government will take most of his money off him.

BTW, my mother is no longer with us.

Thanks
Something wrong with paying for the care he needs from the assets he has? A bit like the rest of us do or are you worried about your inheritance shrinking?
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Old Sep 17th 2010, 12:36 pm
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Default Re: A question for any UK lawyers

Originally Posted by Marissa View Post
I would appreciate comments from people who understand this matter in LAW and not just speculation of what could or might happen.
You need to speak to an English lawyer who actually has experience in this area. If your previous lawyer just "refused to comment" and didn't refer you to an experienced lawyer, they didn't do the right thing by you. They may have imagined you were intending to do something naughty and didn't want to get involved with it - but they should have advised you of the legal consequences of your proposed actions, whether they were positive or negative.
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Old Sep 17th 2010, 1:24 pm
  #8  
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Default Re: A question for any UK lawyers

It is actually a good question and one for those of you here with elderly parents to consider.

You should get your parents to "sell" the house to you for $1 NOW, you then rent it back to them for a peppercorn rent of $1 per year.... after 2 years it is untouchable in the case above
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Old Sep 17th 2010, 2:44 pm
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Default Re: A question for any UK lawyers

Can you substantiate any of that e.g. by reference to reliable online resources, case law, Inland Revenue advisories...?
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Old Sep 18th 2010, 12:53 am
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Default Re: A question for any UK lawyers

Originally Posted by Scotty1 View Post
This may be of interest to you

http://www.ageuk.org.uk/home-and-car...ome-provision/

The basic issue is that they could assess your father as still having the asset and seek to recover the costs from you. How successful they would be is a different issue - there are a few threads on debt recovery elsewhere.

The council are still required to provide care for your father - the level of that care would be to meet basic needs.

I am not a lawyer and do not have direct experience of the issue - but have some understanding of how local authorities work.

Scotty
Thanks for the link much appreciated

Marissa
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Old Sep 18th 2010, 12:59 am
  #11  
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Default Re: A question for any UK lawyers

[QUOTE=sel;8854788

You could try another avenue which is the reason your dad has to go into the care home in the first place. There are certain illnesses and care that is covered on the NHS and is not funded by the local authority. Check to see which he qualifies under. If he is under NHS care then they cannot bill you. Also when your mom passed did her share just pass automatically to your dad or did she leave her share to you either in name or trust ?? If this was done they cannot touch the house.[/QUOTE]

I will check this out, Thank you.

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Old Sep 18th 2010, 1:08 am
  #12  
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Default Re: A question for any UK lawyers

Originally Posted by EvannTel View Post
Something wrong with paying for the care he needs from the assets he has? A bit like the rest of us do or are you worried about your inheritance shrinking?
Yes, I think it is wrong when my dad as worked all his life and paid his tax and NI and then take his house off him to pay for his care, when there are others in the same home get it for free. And yes, pretty obvious isn't it, our inheritance WILL go and if there is something that I can do to stop this happening, I will.
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Old Sep 18th 2010, 1:20 am
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Default Re: A question for any UK lawyers

Originally Posted by lapin_windstar View Post
You need to speak to an English lawyer who actually has experience in this area. If your previous lawyer just "refused to comment" and didn't refer you to an experienced lawyer, they didn't do the right thing by you. They may have imagined you were intending to do something naughty and didn't want to get involved with it - but they should have advised you of the legal consequences of your proposed actions, whether they were positive or negative.
I have just returned from the UK, so she was an English lawyer that my sister and brother arranged the appointment. All she would say was that she couldn't comment and couldn't advise us on any consequences, which I thought she could have at least said said "No, don't do that as you would be in serious trouble" This is what I meant by hitting a brick wall, no one could give us any proper advice, even to that my dad can gift us money as long as it is reasonable. What is reasonable? Can't get an answer to that either.
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Old Sep 18th 2010, 1:25 am
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Default Re: A question for any UK lawyers

Originally Posted by Rossi View Post
It is actually a good question and one for those of you here with elderly parents to consider.

You should get your parents to "sell" the house to you for $1 NOW, you then rent it back to them for a peppercorn rent of $1 per year.... after 2 years it is untouchable in the case above
It is 7 years now.

I also read the the government are supposed to bringing in a new law, which is a one off payment of £8000 then the rest of their care would be free, but don't know how true this is or even if it will be passed.
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Old Sep 18th 2010, 1:58 am
  #15  
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Default Re: A question for any UK lawyers

Originally Posted by Marissa View Post
Yes, I think it is wrong when my dad as worked all his life and paid his tax and NI and then take his house off him to pay for his care, when there are others in the same home get it for free. And yes, pretty obvious isn't it, our inheritance WILL go and if there is something that I can do to stop this happening, I will.
That he paid tax and NI all his life is immaterial to this. He gets a pension from his NI contributions and his taxes paid for him to be defended, protected, his and others welfare, to have roads to drive on etc.
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