Nursing home fees - how to pay.

mariner2 | 14:18 Tue 26th Jun 2012 | Law

17 Answers

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?

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Barmaid

Does your mother still have capacity to conduct her own affairs?

If not, has she appointed someone to act for her by way of an Enduring Power of Attorney or a Lasting Power of Attorney?

lcg

you and your brother do not need to pay. either your mother or social services has to.

woofgang

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.

mariner2

Question Author

Thanks for the answers. No I don't think she has the capacity to conduct her own affairs and although we tried in the past to get POA, it was never done.

ubasses

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.

Barmaid

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.

WHITERYANO

Are you sure she has to pay in the first place? Has she been assessed for NHS Continuing Healthcare? Make sure this is done properly a.s.a.p.

Mark1520

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

woofgang

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.

Mark1520

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

Barmaid

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.

ubasses

Mark, Social Services will not be able to just hand any money over now your friends uncle has died. He needs to find the Will and ascertain who the Executor is. It is then the Executors job to get the accounts from SS, and any other banks etc, apply for probate and distribute what is left.