When does the need arise?
November 28, 2015 | 30,00 EUR | answered by Jan Wilking
Does admission to a nursing home (approximately 8 years after the donation) also mean "onset of neediness"? This is about the 10-year period for a donation. Social assistance would only have to be applied for after 10 years and 2 months after the donation, due to self-contribution up to that point. P.S. State of North Rhine-Westphalia.
Dear Seeker,
Thank you for your inquiry, which I would like to answer in consideration of the facts you have provided and your commitment as follows:
For the occurrence of neediness in the donor within the ten-year period of § 529 paragraph 1 of the German Civil Code, it is not sufficient if the circumstances from which a depletion of the donor's assets may or is likely to occur at a later date have occurred before the expiry of this period. It is crucial that the depletion of assets has already occurred within the period.
Therefore, the occurrence of neediness is not automatically the point of admission to a nursing home, but only when the own funds are actually depleted as a result of the costs incurred (cf. Federal Court of Justice, 26.10.99, file number X ZR 69/97).
I hope I could assist you and remain
Yours sincerely,
Jan Wilking, Attorney
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