Probate Family Law Children - Contact, Residence and Maintenance Care in the Community Relatives of an elderly person about to enter Long Term Care very often ask if it is possible to avoid paying the charges by transferring the elderly person's assets into the name, for example, of one or more of the children. Quite apart from the points mentioned earlier there are specific anti-avoidance provisions spelled out in the Health and Social Services and Social Security Adjudications Act 1983. If provisions such as these are to be avoided it requires to be done carefully and prudently.
Legal advice is almost certainly sensible.
What is more, it pays to bear in mind that the tendency is for the authorities to want these provisions tightened rather than relaxed. In other countries, Germany for example, the period is considerably longer than six months and there is always the possibility that such systems could be copied.