Should He Not Be Forced To Attend Court?
News0 min ago
Care homes
8 Answers
A friend of mine has her 85+ husband in a home, he has had dementia for a few years and she could not cope any longer. He comes home regularly for meals and meetings with family. She has been told she has to sell marital home as savings have dropped to less than £23000. She is paying £3000 per month. She also had a visit from social worker who said her husband was not happy in the carehome and wanted to return to their marital home. If she refused she was denying him his civil rights to live where he wanted to. Therefore he would be coming home very soon. She is absolutely distraught and doesn't know what to do, any advice please.
Answers
1 to 8 of 8
Best Answer
No best answer has yet been selected by Caran. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
That's not right. I'll double check about it later but as far as I'm aware a sale is not forced while it's being lived in by one of them.
Also, as a couple they are allowed £46k in savings....social services should have told them this.
Another thing...It's not straight forward selling a house when one of them suffers with dementia. It'll have to go to court...takes a long time and costs 1,000's in fees.
Someone needs to get a solicitors appointment straight away.
Also, as a couple they are allowed £46k in savings....social services should have told them this.
Another thing...It's not straight forward selling a house when one of them suffers with dementia. It'll have to go to court...takes a long time and costs 1,000's in fees.
Someone needs to get a solicitors appointment straight away.
£3,000 a month seems well over the top to me!
I made enquiries at a total care home in the Manchester area about three years ago and their fees then were £1400 a month. They may have increased a bit since then but not more than double surely???
I also believe that the council cannot force the sale of your home if both names are on the Property Deeds as beneficial joint tenants where both tenants own the 100% and one partner remains living in the property.
Is it a private care home? as I think an owner of the care home is trying to work a flanker somewhere.
I agree that CAB should be the next step and quickly.
I made enquiries at a total care home in the Manchester area about three years ago and their fees then were £1400 a month. They may have increased a bit since then but not more than double surely???
I also believe that the council cannot force the sale of your home if both names are on the Property Deeds as beneficial joint tenants where both tenants own the 100% and one partner remains living in the property.
Is it a private care home? as I think an owner of the care home is trying to work a flanker somewhere.
I agree that CAB should be the next step and quickly.
£3000 a month is a bit steep but not excessive.
As to whether he can return home on his wishes really depends on a few different factors, the main one being his level of mental capacity and and he has an appointee to make his "Best interests" decisions. It is not a clear cut decision.
The law will always fall on his "Best interests" if he would be in danger at home then his best interests may be served in a care home.
At the end of the day it comes down to whether he is able to process the information to help him make an informed decision himself.
As to whether he can return home on his wishes really depends on a few different factors, the main one being his level of mental capacity and and he has an appointee to make his "Best interests" decisions. It is not a clear cut decision.
The law will always fall on his "Best interests" if he would be in danger at home then his best interests may be served in a care home.
At the end of the day it comes down to whether he is able to process the information to help him make an informed decision himself.
1 to 8 of 8
