An­gela Brown

Macclesfield Express - - HOMES - HOME FROM HOME

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.


●● 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

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