When it comes to paying for care in Scotland, your assets could be at risk – but there are steps you can take to help protect your home from care fees in future. The key is to act now.
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That’s the message from the wills and estate planning specialists at ILAWS Scotland, who are urging Scots to think about legal asset protection before it’s too late.
Tony Marchi, principal at ILAWS, explains: “Nobody wants to go into care but it’s something that’s increasing as we live longer.
“And, if we do go into care, the local authorities will look to seize our assets as payments.”
Why now’s the time to legally protect your home from care fees
It may not be pleasant to think about a future in which you or a loved one ends up in care, but now’s the time to put a plan in place.
Tony explains: “It’s illegal to deliberately deprive your local authority of care home fees, but there are legitimate ways – including Protected Property Trusts and Transfers – to protect your home.”
Here are five reasons why you should organise essential legal documents sooner rather than later.
1. You can’t wait until you know you’re going into care
Tony says: “You cannot wait until you’re about to go into a care home to try and protect your property. People tend to leave it till it looks like someone’s about to go into care, but at that point it’s too late for us to act.
“It’s like car insurance. You can’t wait until you have a road accident to get car insurance. No one really wants to pay for insurance but it’s a necessary evil – and if your car is stolen or you are in an accident, you’re delighted to have it.
“Think of legal documents in the same way.”
2. Legal documents will make sure the right people inherit your home
The thought of your home being seized to pay for care fees is understandably concerning, particularly if you’ve always dreamed of passing your home on to your children.
Tony says: “You’ve paid your taxes and your national insurance all your life. You’ve worked hard to build up your assets.
“But if, through no fault of your own, you get sick and go into care, the government can take all those assets instead of it going to your kids.”
The likes of trusts and transfers will help safeguard the inheritance of your assets.
3. It will give you (and your loved ones) more options
Tony explains: “If your partner goes into care and you don’t have any legal documents in place, you probably can’t move because as soon as you sell your home the local authority will want their share of the capital.”
But the right legal documents essentially give you more control and more options, should the worst happen.
Tony adds: “You can continue living in your home, you can still move, you can still raise money against your home with a Protected Property Trust. It doesn’t change your circumstances now. Instead, it’s protection for the future.”
4. You can avoid unnecessary stress in the future
Let’s face it, whether it’s you or a loved one, going into care is a difficult experience at the best of times.
The right documents can help reduce unnecessary stress around legal or financial difficulties.
Tony says: “It’s upsetting enough when someone is going into care, the last thing you need to be worrying about on top of that is money. That’s why the likes of Power of Attorney (POA) and Property Trusts or Transfers are so important.”
These types of legal documents ensure your wishes are known, taking some of the pressure off of loved ones who may otherwise face lengthy and costly legal battles.
5. Costs are only going up
While it’s important to take action before it becomes too late, Tony also points out another advantage to getting legal documents sorted out sooner rather than later.
He says: “Now’s the time to do it because prices are going up. Local authorities are putting prices up and registration fees are constantly going up and, if you leave it, it’s only going to get more expensive.”
Legal asset protection is all about keeping you safe
Remember, legal documents like Protected Property Trusts are all about keeping you, your loved ones and your assets safe, whatever the future holds.
But there’s no one-size-fits-all solution to protect your home from care fees. That’s why expert advice is key.
Tony says: “We offer a free no-obligation consultation at ILAWS and we can discuss your options. If after that you don’t want to do it, that’s fine. It won’t cost you. But don’t wait until someone is going into care. That will be your biggest regret.”
Take control of your future. Contact ILAWS Scotland for more information about the legal steps to protect your home.
