Introduction:

As a solicitor specialising in care fee advice, I often encounter individuals and families who are navigating the complex process of paying for care and support. One crucial aspect of this process is understanding the concept of “deprivation of assets.” In this guide, I will explain what deprivation of assets means, how it is determined, and what it means for individuals receiving care and their families.

What is Deprivation of Assets?

Deprivation of assets occurs when someone intentionally reduces their assets, such as giving away money or transferring ownership of a property, to avoid paying for their care and support. The local authority may investigate whether an individual has deliberately deprived themselves of assets to avoid paying for their care.

How is Deprivation of Assets Determined?

The local authority will consider several factors when determining whether deprivation of assets has occurred, including:

Whether the individual had a reasonable expectation of needing care and support when they disposed of the asset.

Whether avoiding care and support charges was a significant motivation for disposing of the asset.

The timing of the disposal of the asset.

Examples of Deprivation of Assets

Giving away a large sum of money to a family member or friend shortly before entering care.

Spending a large amount of money on something that is not necessary.

Transferring ownership of a property to someone else.

What Happens if Deprivation of Assets is Found?

If the local authority determines that an individual has deliberately deprived themselves of assets, they may still be required to pay for their care and support as if they had not disposed of the assets. This means that they may be treated as still having the assets for the purposes of the financial assessment.

Your Rights and Options

As a solicitor, I advise individuals and families to be aware of the rules surrounding deprivation of assets and to seek professional advice if they are considering making significant financial decisions. It is essential to understand that:

You have the right to seek advice on how to manage your assets and care costs.

The local authority must consider the circumstances surrounding the disposal of your assets when determining whether deprivation has occurred.

You may be able to challenge a decision made by the local authority if you believe it is unfair or incorrect.

Seeking Professional Advice

If you are concerned about deprivation of assets or have questions about your care costs, I recommend seeking advice from a solicitor specialising in care fee advice. We can help you navigate the complex process and ensure that your rights are protected.