ChatterBank1 min ago
Nursing home fees - how to pay.
My elderly mother is going into a nursing home, probably on a permanent basis, and myself and my brother need to work out the best way to pay for it.
Her house is still in her name but there aren't many other assets. I'm sure this must be a fairly common situation, but I don't really know where we stand. Is it possible to sell the house, although its not ours yet?
Her house is still in her name but there aren't many other assets. I'm sure this must be a fairly common situation, but I don't really know where we stand. Is it possible to sell the house, although its not ours yet?
Answers
Best Answer
No best answer has yet been selected by mariner2. 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.Have you got a power of attorney? If not, then what usually happens s that the council register a charge against the estate and the money gets paid when everything is sorted. The first six weeks iirc should be disregarded by the council for charges on the basis that miracles happen and the person might go home. Do not, under any circumstances pay any money for your mums res care yourselves, ss might push for this but don't do it. They will do a financial assessment on your mum, not you and will then inform her (well you) how much her share of the costs will be. Don't worry and don't panic, you will have time to sort this.
If your mother has been assessed as needing permanent care and her assets other than the house are less than £23250 she will be entiltled to funding for the first 12 weeks (or until the house is sold if sooner) under the 12 week house disregard rule. This will give you a bit of leeway to sort out a sale.
Well you have two choices. You can either allow the local authority to place a charge on the property for the fees that she is assessed as needing to pay and then repay it after her death. OR you can make an application to the Court of Protection for someone to be appointed as her Deputy (like an attorney, but appointed by the Court) to deal with her financial affairs.
I have a friend who had to apply for deputyship and went through a solicitor and he was standing out on about £1,500 when it came through but he was able to claim it from his father's money.
Social Services offered to look after the money if he did not want to stand out on tht £1,500.
In another case I know Social Services looked after the money and the person lived for just over 2 years in the home. He died nearly 18 months ago.
The patient's house was sold for £250,000 and nothing has been refunded to the relatives so far.
Obviously 2 years care would not have amounted to £250,000.
Mark
Social Services offered to look after the money if he did not want to stand out on tht £1,500.
In another case I know Social Services looked after the money and the person lived for just over 2 years in the home. He died nearly 18 months ago.
The patient's house was sold for £250,000 and nothing has been refunded to the relatives so far.
Obviously 2 years care would not have amounted to £250,000.
Mark
two things Mark. Number one social service should be able to provide accounts to your friend regarding the money. Did he sign the house over to them?
Secondly what happens if the patient is liable for residential care charges then SS place a charge against the estate and their bill is paid once the estate is disposed of. Relatives never need to fund res care.
Secondly what happens if the patient is liable for residential care charges then SS place a charge against the estate and their bill is paid once the estate is disposed of. Relatives never need to fund res care.
Hi woofgang
The friend I am talking about is the nephew of the patient and the only other living blood blood relative was another nephew.
The estate was willed to them so they should get probably £150,000 between them.
When the patient went into the home there were other relatives alive who were threatening to contest the wills but they all passed away when the patient was in care.
The nephews did not want to get their money involved at the time the uncle went into the home and Social Services looked after the money.
I know the house has been sold and according to the nephew the council has the money.
The nephews have sent a letter saying they are going to get a solicitor involved if the money is not refunded by 30 June.
Mark
The friend I am talking about is the nephew of the patient and the only other living blood blood relative was another nephew.
The estate was willed to them so they should get probably £150,000 between them.
When the patient went into the home there were other relatives alive who were threatening to contest the wills but they all passed away when the patient was in care.
The nephews did not want to get their money involved at the time the uncle went into the home and Social Services looked after the money.
I know the house has been sold and according to the nephew the council has the money.
The nephews have sent a letter saying they are going to get a solicitor involved if the money is not refunded by 30 June.
Mark
mark, I am not entirely sure what you are talking about. The OP asked "Is it possible to sell the house though it is not ours yet". The answer depends on whether mum has capacity or if not whether there is an EPA or LPA in place or whether they wish to apply for a Deputyship Order.
Your answer is confusing and doesn't really help.
Your answer is confusing and doesn't really help.