Daniels LLP Solicitors ●● Q. One of my daughters works for social services and sees many cases of elderly people using their savings and eventually selling their houses to pay for their upkeep in residential homes. Can I put my house in my children’s names to avoid this?
A. Anyone with assets worth more than £23,500 must pay for their own care if they go into a care home. If people have given assets away with the intention of not having to pay for their care, this is a deliberate deprivation of assets and the local authority can ignore the gift and may even take enforcement proceedings against you and the person who has received the asset. I would suggest that you seek advice from a solicitor who specialises in advising on care funding, as potentially there are a number of risks if you give your house away.
ON THE RIGHT ROAD
●● Q. The council tells me that the lane I live in is an unadopted road and that I and the other residents are responsible for maintaining it. Since it’s constantly used by people who don’t live here, I wondered whether we’re entitled to put up a gate or moveable bollards to stop other traffic.
A. You will need to take legal advice to confirm whether the road is a private maintainable highway or a private road. If it is a highway, check your title deeds to determine whether you are responsible for the maintenance of it. Even if the highway is privately maintainable you will not enjoy enhanced rights to those of the public and you will not be entitled to