HALTON Council is warning of firms charging residents to draw up a will and create a trust to stop their homes and savings being used to pay for social care.

The authority says such measures ‘may not be legally valid’ and may carry risks.

Halton Cllr Dave Cargill, board member for trading standards, said: "Companies often advise that you dispose of your home to family members by creating a trust so that your home is not legally yours and therefore can’t be included in an assessment of your ability to pay for care charges.

"Such companies can charge up to £3,000 to draw up a will and create a trust for you but the trust will not work if the council can show that you have deliberately disposed of your assets to avoid paying care charges."

Halton Council wants to clarify misconceptions regarding paying for residential care.

A council spokesman said: “Nobody is forced to sell their home in their lifetime to pay for care.

“The amount you pay towards your care depends on your level of income and savings.

“If you have savings over £23,250 then you will be expected to pay the full cost for your care. In some circumstances the value of your home will be taken into account.”

However, the value of your home is ignored completely if you receive care in your own home or go into residential care on a temporary basis and are expected to return home within 52 weeks.

It is also disregarded if you go into permanent residential care but your partner remains living in your home or your child or close relative aged 60 or disabled is still residing with you.

The council warns that if you sign your home over to someone else this could have serious consequences because you will have no legal right to it.

Transferring all or part ownership of your home can change your rights as an owner.

If the council believes that you have given away savings or assets such as your property in order to pay lower care fees, you may still be treated as owning those savings or assets and you will still be charged the full cost of your care.

The law allows the council to take recovery action against the person that you have given your assets to and could result in a county court judgement being taken against them.

A leaflet providing further information on deferred payment agreements, fairer charging and residential charging is available by e-mailing trading.standards@halton.gov.uk.

For more information on how care charges are assessed call the income and assessment team on 0151 511 7888 or e-mail fairercharging@halton.gov.uk.