Are social services accusing your relative of a deliberate deprivation of assets and threatening they won’t get free care?
A Deliberate Deprivation of Assets is sometimes referred to as capital reduction. It means your relative is accused of reducing their savings on purpose to avoid being classed as a self-funder.
If you are looking for deprivation of assets loopholes, you really do not need to as there are many legitimate methods to use to challenge any allegations against you.
Steene Law have won many such cases, so please do not delay, call us now on 0203 653 0623 or complete a Free Online Enquiry and we will be delighted to help you.
I cannot thank Mr. David Steene enough, a wonderful, kind and genuine gentleman who always had time to listen and had great compassion.
I had never heard of deliberate deprivation of assets until I was accused of it, by my Local Authority. Brought about when my mother had to go into a care home, she’d had a mild stroke and early onset dementia, aged 92.
I knew that this accusation was untrue, it was unkind, extremely stressful and had a huge impact on my family, including my mother.
I sought help from Mr. Steene, to prove my innocence and hep my family. I chose his company, as they were experts in this field and already had brilliant reviews.
Mr. Steene listened to what I had to say, was interested and asked me appropriate questions. He had so much information and knowledge with regards to Local Authorities and DOA, which he kindly explained to me in understandable words. Mr. Steene advised me what to do and to get back to him if I required further help. The phone call was followed up with a comprehensive E mail. My battle with the Local Authority commenced. After 13 months the accusation of DOA was dropped. I could not have fought this battle without knowing that Me. Steene was always available when I required further help and advice. He always answered me with professionalism. He would have taken on the case if I had failed. Mr. Steene pointed me in the right direction and gave me the encouragement and confidence that I needed. I cannot thank him enough. The receptionists who answered the phone, were always professional and helpful and always took
a detailed message to pass on to Mr.Steene.
A wonderful team, an efficient, professional company. I highly recommend them.
A photo of my mum and my son. We are human beings.
Jane James
What is a self-funder?
A person who has more than £23,250 in savings they are classed as a ‘self-funder’.
If your relative doesn’t qualify for free Continuing Health Care but has eligible social care needs their savings must be used to pay care fees.
And if they go into residential care, they’ll also have to sell their home to pay all their care fees.
If you think it’s unfair that your relative is being expected to pay for their own care – we agree!
After all, they’ve worked hard and paid taxes all their life.
But if you think that’s as bad as it gets – you may be in for a nasty shock.
What if your relative has already gifted their money? Perhaps they have already transferred the property to their children or other family members?
Here’s the really bad news…
What do I need to know about the means-testing process?
Social services carry out a financial assessment (often called a “means test”) when your relative is first identified as having care needs. Social services have the power to go through their bank accounts and financial records and can do it without your knowledge or consent.
Many people who, quite innocently, provided sums of money to their relatives some years earlier – perhaps to help their grandchildren with university or to get onto the property ladder – may find themselves accused of a deliberate deprivation of assets.
In such cases, social services will order the money to be handed over to cover care costs. If the money is no longer there – perhaps because the family have spent the money, social services will still demand that the money is repaid.
We found David & dianne of Steene Law at a dark time for our family when our mother had to sadly be placed in a care home after she became a danger to herself and others. The council were trying to misinform and bully us as her children, sending us bill after bill for ten of thousands of pounds we did not have. We didn’t have experience in these matters and were scared and without assistance being directed from person to person with no empathy or assistance. Without the help of David & Dianne, I am sure we would still be in that position. From Day 1 with Steene Law, we were listened to and heard, and a plan was formulated to support us at every turn. After many months of persistent on David’s part, we won the battle against this council and had all matters reviewed in line with the law which is all we ever wanted. Without David & Dianne this would not have been possible. This is the best money you will spend for peace of mind and obtaining the knowledge you couldn’t possible acquire yourself in such a complicated and cluttered genre of law/ regulation. Thank you both for everything you have done for our family we are eternally grateful.
Anne MEDLYCOTT
Isn’t there a seven year rule?
Isn’t there a seven year rule for gifting assets?
Many clients are shocked to find that, unlike inheritance tax, where there is a seven year rule which applies to gifts of assets – there is no time limit when it comes to deprivation of assets. Local authorities can go back as many years as they feel is necessary, if they suspect assets have been diverted to avoid paying care fees.
Even relatively small sums of money or gifts of family heirlooms such as jewellery could fall under the spotlight.
Social services can be ruthlessly thorough in their investigations and they will often threaten legal action to recover the assets.
What does this mean?
Will social services investigate is they suspect deliberate deprivation of assets?
Once social services find evidence that they believe indicate assets have been moved the onus falls on the individual to show why they are not still the owner of the assets in question.
The proof that Social Services require is very high and you will need to provide evidence to show that you have not deliberately deprived yourself of an asset.
An intention to avoid care fees need not be the sole or dominant reason, only a significant one.
To make matters even worse the person who made the transfer/gift may no longer remember making the transaction. This is no defence as far as social services are concerned and they will order the money to be repaid.
The Local Authority can AND DO bankrupt people in order to recover money.
Did you know …?
If you have used a firm to put your house in trust to avoid care home fees and their advertising or promotional material uses phrases such as “family protection trust” or similar, social services will use this as evidence of deliberate deprivation!
And now the good news…
What can I do if I’ve been accused of a deliberate deprivation of assets?
We have helped many people who have wrongly been accused of deliberate deprivation of assets.
Not surprisingly, they are shocked and upset that social services are wrongly trying to claim back money or possessions.
We have successfully helped fight wrongful deliberate deprivation of assets claims.
We know the law.
If you or a relative has been accused of a deliberate deprivation of assets, get in touch with the team at Steene Law now on 0203 653 0623.
Equally, if your relative wishes to gift money or possessions to relatives and you want to find out how to do this safely, without interference from social services in the future, call us.
We can explain how to protect your relative’s home and savings – effectively ring-fencing them from care home fees and avoiding accusations of deliberate deprivation of assets.
We will also advise you how not to do it. Some trust schemes that claim to help you avoid care home fees are decidedly dodgy and we will tell you which ones you should avoid at all costs.
Call The Care Fees Specialists Now
Steene Law specialise in Care Home Fees, especially protecting you from having to sell a property to pay for care home fees.
Please do not delay, please call us now 0203 653 0623, email reception@steenelaw.co.uk or complete a Free Online Enquiry and we will be delighted to help you.
We are available from 8am to 7pm, Monday to Friday and will explain your options.
Dear David,
As well as doing a professional job as a solicitor you are always upbeat and easy to deal with on the phone. This process is a stressful time and your open and honest opinions are a great help in getting through it. I will be very pleased to give you a good review in any online area.
Thanks.
Jim