Hello, does anyone have experience of park homes and planning to help the elderly? My client’s husband has dementia and she is elderly. They live in a park home, which they own but obviously they do not own the land upon which it is sited.
Husband advanced in dementia and medics confirm he is unlikely to have capacity to change his own will. Power of attorney in place.
My client is extremely worried in case she dies first. If she dies first the property would be sold and her husband would move in with her daughter if he was not in need of a care home. I looked at splitting the beneficial ownership of what is essentially a chattel and putting her half into a life interest trust for husband on her death and then passing to his children on his death.
I cannot find anywhere information on how splitting ownership like this would be viewed by the local council in relation to care fees if the husband has to enter care while the wife is still alive. The most I can find is that the council cannot put a charge on the park home so the deferred payment scheme will be unavailable.
Does this mean that if he enters care the council expect his wife to sell the home and my client will be forced to move out? I am really concerned that she has the right information as she is vulnerable, being elderly and infirm herself, although of sound mind. Does anyone have experience of similar cases or know where I could for sound advice?
Thank you in advance for any help.