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Can I avoid care costs in Scotland by signing house over?

Find out your options today.

A photo of a house for sale.

One of the biggest concerns in Scotland is what will happen if you need to go into a care home. For most people, who own their home, this could mean having to sell it to cover costs.

Your home is one of your biggest financial assets, so the prospect of having it – and other savings –potentially being seized to pay for care home fees can be concerning.

And, given the latest estimation: that one in three adults need to go into a care home during their lifetime by 2030, it is a huge number of people that could potentially be affected, explains Tony Marchi, principal at ILAWS Scotland.

Homeowners often ask if they can avoid care costs in Scotland. While you cannot ‘avoid’ care costs (as your care fees must be paid for in some way), selling your home to meet these costs can sometimes be avoided.

Signing your house over to avoid care costs is one option.

A photo of people in a care home.
One in three of us will go into a care home at some point in life. How will you cover care fees?

This can be a complicated process and it depends on various factors. All too often homeowners carry out their own research and select the best option for them, only to find out later down the line that they do not qualify or are not eligible.

What are my options? What about signing house over to avoid care costs?

Speaking to those in the know will help you understand what options are available to you when it comes to protecting your home and preventing it from being sold to cover care costs.

Want to know more about a Power of Attorney (POA) or a Protected Property Trust (PPT) or a Title Transfer? All will be investigated by ILAWS and they will gauge what is the best option for you, depending on your personal circumstances.

“There is no one size fits all,” explains Tony Marchi of ILAWS.

“Some people come to us and say ‘I want a Protected Property Trust’. But it might not suit them, and it might not be able to be done. That’s why you have got to talk to us. You don’t need to do your own research as we do all that for you. Come and find out what you can do in your current circumstances.

“It’s ILAWS’ job to carry out your wishes and what you’re looking to achieve.”

As with all legal documents, POAs and PPTs cannot be organised overnight. It can take a few months for the Scottish Courts and Office of the Public Guardian to process a POA. So, don’t delay if you are considering taking legal steps to safeguard your assets and prepare for your future.

Speak to the experts

A photo of a couple signing house over to avoid care costs.
Speak to experts at ILAWS about signing house over to avoid care costs.

When seeking legal advice like this, it is always advisable to speak to the experts like ILAWS Scotland, a company that specialises in Will writing and asset protection services. Tony has many years of experience in helping people protect the things most important to them.

He explains that even if your mortgage is paid off, and only one partner named on your assets goes into a care home, you could find yourself in the position of losing your property.

He warns: “Hundreds of people will go into a care home in Scotland this week. Many will be wishing they had made the proper arrangements to protect their welfare and their home a year ago.

“Don’t wait until you are in that situation. Be one of the lucky ones and say: ‘thank God I had my home protected’,” he urges.

You may have recently noticed ILAWS’ television advert on STV – in case you missed it, here it is:

What can I do to avoid care costs today?

You can seek legal advice from ILAWS in many ways. Then, once you have discussed all your options, and feel happy about your decision, ILAWS can process all the paperwork for you. The main aim of ILAWS is to make protecting your property and assets as straightforward as possible. Why should I arrange a Power of Attorney? Find out here.

Contact ILAWS today by:


Don’t forget, as well as organising Power of Attorney or protecting your property, ILAWS can also arrange a simple Will for you for just £48.

Find out more about Power of Attorneys and PPTs.