Protecting a Gift
Deprivation of Assets

Protecting a life time gift

A comprehensive set of reports to evidence a person’s current care needs and protect their assets and decision to make a substantial gift. From an Adult Social Care Needs Assessment and Decision Specific Mental Capacity Assessment, to a Financial Decision Tracker and a Montreal Cognitive Assessment - at no extra cost.

When undertaking or reviewing a financial assessment, a local authority may identify circumstances that suggest a person may have deliberately deprived themselves of assets to reduce the level of the contribution towards the cost of their care.

 

In the case Tameside Metropolitan Borough Council (19 014 246), the Ombudsman found fault lay with the local authority. That local authority was required to apply a three-part test when deciding whether a deprivation of assets had occurred

 

The Ombudsman identifies this test as:

 

  • If avoiding paying for care fees was a significant motivating factor

  • Whether a need for care was foreseeable

  • Whether a need to pay for care was foreseeable

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Our Specialist Report includes:

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Adult Social Care Needs Assessment

We can complete a Care Act (2014) needs assessment to identify the person's strengths and their care needs; this can allow us to determine whether a person's needs are best met in a care home or their own home and, on the scale of probability, identify if this is likely to change in the future. 

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A Decision Specific Mental Capacity Assessment

To complement this assessment, we can also complete a Mental Capacity Assessment for the specific decisions on whether the individual can decide on their residency and care. 

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A Financial Decision Tracker

We also complete a financial decision tracker interview, specifically for the transaction at hand to ensure that the decision was made autonomy and the reasoning behind the decision.

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A Montreal Cognitive Assessment

Additionally and at no extra cost, we are also able to complete a Montreal Cognitive Assessment, at no additional cost, to evidence whether any cognitive impairments were impacting upon your decision making.

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