2006-12-30 04:16:00 · 10 answers · asked by John B 1 in Politics & Government ➔ Law & Ethics
Depends on the State, most say 3 years, Nevada says 5
2006-12-30 04:22:23 · answer #1 · answered by Anarchy99 7 · 1⤊ 0⤋
If they believe you have put your property into your daughter's name simply to avoid paying nursing home fees it's called Deprivation of Assets. You can find a fact sheet about it here: http://www.housingcare.org/information/detail-2338-deprivation-of-assets.aspx
The factsheet includes the following:
In looking at an older person’s means, the Local Authority will
always consider what may have been given away in the past. For this purpose they can look as far back as they wish, and if they identify that assets have been given away partly to avoid accommodation charges, the value of those assets will be counted and treated as ‘notional capital’. This is not to be confused with the rule which enables Local Authorities to recover care costs from the person receiving the asset if the transfer took
place within six months before admission to the care home.
2006-12-30 04:28:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
i work in a nursing home and work alongside social workers who have told me it has to be at least 5 years. however what i will say is this. if a person requires nursing care in a nursing home and they have more than £20'000 in cash in a bank account then they must pay the full care package for private. the allocated social worker will look at finances then decide whether it is a private contract to be signed or whether the social work department step in and pay some of the fees. families will stay have to pay something even the are social funded.
2007-01-01 05:38:20 · answer #3 · answered by misspiggy231180 2 · 0⤊ 0⤋
Generally the transfer needs to have taken place at least 5 years prior to the application for benefits before the property is no longer considered an asset of the beneficiary. Consult with an attorney for guidance specific to your stiuation.
2006-12-30 04:37:40 · answer #4 · answered by Bostonian In MO 7 · 1⤊ 0⤋
as seen from other answers: simply putting your house in your daughter's name achieves very little as regards the local council and nursing home fees.
However, you may wish to consider one other vital point viz. given that your daughter is married and give that she had a divorce then her husband would be entitled to half the cash value of the house.
2006-12-30 20:29:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Are you in the UK? I don't think its as simple as that. You can't just put your property in your daughter's name to avoid tax etc. You better see a solicitor. I think there are legal loop holes. Tenants in common or something like that. Sorry, someone else will know better than me.
2006-12-30 04:26:16 · answer #6 · answered by Caroline 5 · 0⤊ 0⤋
Careful with this - a bloke in England had his mother put her home into his name in about 1995 or 1996. She went into a care home in about 2004 and the council took him to the High Court to get the entire value of the house. Their argument was that he had planned ahead, in case his mother ever did go into a home. I don't know what the outcome of this was, but a council has their own barristers and unlimited money (ie our money!) with which to slaughter you in court.
2006-12-30 04:34:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋
that is a really funny question for "law and ethics" if it is longer than 5 years you will be able to use the equity to pay your lawyer for your fraud trial.
2006-12-30 07:24:39 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You can't put your house into your daughter's name without any penalty, it's seen as a taxable inheritence/gift to her and she'd have to pay up.
2006-12-30 04:32:43 · answer #9 · answered by Princess415 4 · 1⤊ 1⤋
In UK its illegal for them to do it. Elsewhere I have no idea.
2007-01-02 20:14:55 · answer #10 · answered by roujinz3 4 · 0⤊ 0⤋