text: Most couples buying a property do so as ‘joint tenants’. This ensures that on the death of either party their share is automatically transferred to the other. If this is done, and half the home is passed on to the children on the death of the first spouse or placed into a trust on their behalf, then it is possible that the whole home may be disregarded at a later stage if the surviving spouse needs nursing care.
  However, you need to understand the powers that local authorities have to include in the means testing assessment assets that they consider have been subject to ‘deliberate deprivation’. This occurs when a resident transfers an asset out of their possession in order to achieve a better position that enables them to obtain assistance.
  The home should be disregarded if the care needs are classed as ‘temporary’. If the value of your assets, excluding your property, is less than £23,250, you should not have to pay for care for the first 12 weeks. Even if your assets are more than this initially but are then used up paying care home fees, you should be able to apply for this 12-week disregard once they drop below the £23,250 limit.
  It is important not to fall into the trap of simply giving your home away to your children. The local authority has the right to obtain assets that have been deliberately disposed of to avoid paying fees. However, the ‘tenants-in-common’ ownership does not fall under these rules because the gift is made only on death.
  If your care needs are overwhelmingly medical and are deemed ‘complex and unstable’, you may qualify for NHS-funded ‘Continuing Care’, which means all bills are met in full, including residential costs. However, the strict eligibility criteria mean that few people qualify, and even those who do are reassessed regularly.