A and B are married and own a property as joint tenants.
A suffers from dementia and is in a care home. It was always assumed that he would die first, the property would pass to B by survivorship and could then be left to their children.
However, B has now been diagnosed with cancer and it appears that she will die first. She would like to sever the joint tenancy so that she can leave her half share directly to the children.
We don’t think that there is anything to stop B severing the joint tenancy unilaterally, even though A lacks capacity (there is no attorney or deputy to serve notice on).
However, would this be deliberate deprivation of assets for the avoidance of care home fees? A is not dealing with her assets in such a way as to to avoid paying her own care home fees, but rather B’s care home fees. The guidance is all worded as a person seeking to reduce the amount ‘they’ are charged towards care. But is this rather an artificial distinction? Has anyone come across this before?
Thomson Hayton Winkley