In most cases the local authority will be more than satisfied that a property should be disregarded, if the transfer into Trust was done at a time well in advance of any care consideration, and at a time when the Settlor could not have foreseen the need to go into care, was in good health and had clearly written in their Trust documentation all the reasons for setting up the Trust in the first place (so long as avoiding care home fees was not the only and overriding reason listed).
In these instances no formal representation will be needed and the property is simply not included in the assessment.
For our clients, this will account for the majority of cases.
However, the local authority does have a right to look into medical records and at the Land Registry, and ask further questions.
If this happens, we recommend you call us immediately so we can guide you through the process.
Always give copies of documents and get receipts for everything handed in.
Click here to see a copy of a letter recently received by a client where the local authority claimed to have lost our client's documents and had initially assessed the client as having to sell her home.
With our guidance, and of course, due to the fact that our client had taken our advice a number of years before in setting up her Will and Lasting Power of Attorney grants together with conveying her property into Trust for the benefit of her children, the local authority was forced to agree that the property should be disregarded in her assessment.
Our protection strategies are robust and they work; however, when the time comes, it is ESSENTIAL that your representatives call us for advice (which is FREE) so that they know how to proceed correctly.