When someone needs care later in life, there are a lot of things to think about, including how that care will be paid for. One term that often causes confusion is ‘deprivation of assets’, especially when it comes to financial assessments for care funding.
So, what does it really mean, and why does it matter? Keep reading to find out more.
Understanding the Basics
In simple terms, deprivation of assets is when a person intentionally reduces their wealth so they won’t have to pay as much for their care. This might mean giving away property, transferring savings to a family member, or selling something for far less than it’s worth.
If the local authority believes that this has happened to avoid care costs, they might still include the value of those assets in their calculations, even if the person no longer officially owns them. That could result in reduced support or a refusal to help with funding altogether. In some cases, it might even lead to legal action or a delay in accessing the care someone needs.
What Counts and What Doesn’t
The key point is intention. If you genuinely gave away money or property years before care was needed, and not to dodge fees, it may not be seen as deprivation. If, however, it happened just before applying for care, or there’s little other reason for the transfer, it could raise a red flag and prompt a more detailed investigation.
The fact is that every case is different, which is why getting the right advice is so important. That might involve speaking with a solicitor or using trusted tools like applying for an LPA online from experts such as https://powerofattorneyonline.co.uk if you’re helping someone else manage their finances or want to put support in place for yourself in future.
Stay Informed, Stay Protected
Sorting out finances and care can be stressful, but understanding your rights and responsibilities helps make things clearer. Planning ahead, keeping records, and being open about decisions can go a long way towards avoiding problems later on.
Why giving your home away can backfire
One of the most common situations where deprivation of assets comes up is when parents pass their home to their children. People with assets above a set threshold are expected to contribute to the cost of their care, and that can include the value of their home. Many see this as unfair and consider transferring ownership while they are still alive, hoping to protect the property for the next generation.
Age UK strongly advises caution. If a local authority believes a property was transferred deliberately to avoid paying for care, it can treat the value as if it were still owned, which is exactly what deprivation of assets means. The transfer may achieve nothing except removing your own control over the home.
Handing a property to someone else normally involves putting it in trust, and there needs to be a genuine reason for doing so. The main types are an interest in possession trust, a life interest trust and a protective property trust. All of them are complex, so get specialist legal advice before making any decision about transferring a home.