Exceptional burden on healthcare costs - no general offsetting with transferred assets

In the case of Covering of nursing care costs by family members especially when it comes to a previous asset transfer in the family the question of whether these are Exceptional strain can be claimed. In a recent case, which the VwGH (GZ 2012/13/0012 of 29.4.2015) had to deal with, it was disputed whether a clear connection between the Payment of care costs for the mother and the took place three years earlier Land donation had accepted a son. Such an acceptance would be Financial administration the assertion of domestic Healthcare costs (the mother retained the right of residence when making the donation and did not want to move into a retirement home either) Only recognize after as soon as the Amount of care costs den Worth The obtained property exceeded has. One General counter-argument with the transferred assets was created by Supreme Administrative Court in the case of a complaint, however Rejected, Because there is no clear contractual connection between the Gift one Property and the Taking on the costs for the care that was provided, the one received Property not without further ado due to housing law valuable has been and the need for Payment of care costs through the son of a moral obligation out also without transfer of ownership This could not be ruled out. The decision shows that the decision always rests with the Circumstances of the individual case This is important to address, and in particular the question of the value of a property burdened with a right of residence can be of significant importance.

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