nursing/care home fees.

[witch1]

Back in 1988 my parents in law signed their house over to their two sons on their retirement.

My mother- in -law died in 2002.

My father-in-law now needs care and we have a meeting with social services next week.They have asked for all his financial details and savings books and have said the house may have to be sold to pay for care.

This was exactly what my in-laws did not want which is why they signed the house over.

Any advice from anyone who has been in this situation?

Our main concern is getting him everything he needs, but obviously we would be going against his wishes if we sold the house.

[Amethyst]

Re: nursing/care home fees.

If the house is not in your father in laws name and was transferred properly over 7 years ago (and not just put in trust) then social services should have no claim on it. Does he pay rent on the property in any way ?

If your father-in-law had no signs of being in need of any future care when the property was transferred then it should be okay but be aware of;

Trying to avoid care home fee payments

Sometimes people deliberately transfer ownership of their assets to someone else in order to reduce what they pay in care home fees. If the local council believes this has happened they may assess you differently than in the normal assessment procedure:

• if assets were transferred within the six months before you moved into care, the council can recover the cost of your stay from whoever received the gift
• if the transfer happened more than six months before you moved into care, they can assess you as if you still own the assets

There is no time limit as to how far back the council can go to find out if you have given away assets to avoid care costs.

I assume the main reason for the transfer in '88 was to avoid inheritance tax. As its over 7 years it should be better, but as your FIL has remained resident in the property it could be seen as a gift with reservations / beneficial gift, which could be treated as if he still owns it.

It is quite complicated and I don't know much past that.

Our main concern is getting him everything he needs, but obviously we would be going against his wishes if we sold the house.

Completely understand that and the dilema. I'm sure someone much more knowledgeable in this area will be along soon.

[witch1]

Re: nursing/care home fees.

thankyou for your advice.

No rent is paid and the house has been maintained by the two sons.

[jim3940]

Re: nursing/care home fees.

Just a thought. If anybody has been under Section 3 of the Mental Health Act (1983) at any time in their life then they are entitled to Section 117 Aftercare. This means that Social Services get the tab.

[Lucina28]

Re: nursing/care home fees.

Hello

I previously worked as a Social Worker for adults over 65 in need of care. First of all you need to establish if the care your FIL's needs can be provided adequately at home via community Services. If this hasn't been undertaken, an assessment of your FIL's needs is required by a qualfied Social Worker.

Ensure that all options are explored to keep your FIL at home for as long as possible. A package of home care with Telecare equipment such as pendant alarms, bed sensors, assistant from carers x 3 per day for example will may prevent your FIL from going into full time care.

Ensure that your father is offered a Continuing Health Care Assessment. If he has comprensive health needs then the NHS meet the care costs. This would be reviewed on a regular basis. If your FIL's health improves during review then he would be responsible for meeting the care costs.

I suggest you have a discussion with the allocated Social Worker about home care, and funding available from the NHS.

All the best.

Lucinda

[AngelG]

Re: nursing/care home fees.

Hi.. my view is from a health care point.. am not a legal mind

I agree with Lucinda. However there is a cap on health care funding and it is different in each area. I know the area I am in the cap is £600 approx a week. I get a lot of relatives asking if they can 'top up' but with continuing health care funding this is now not allowed. A reassessment of funding needs happens every 3 months and the funding can be withdrawn if the health care assessor feels the client no longer meets the checklist requirements. Its sad really, you should be able to have care from a variety of health care settings without the need for a cost assessement.

best wishes

Angel x

[di30]

Re: nursing/care home fees.

Hi there

Any news on this?

Sorry I'm no expert on this, but my dad did actually end up going into a EMI nursing home, he was originally going to be coming home by last Christmas, but then his condition did detoriate, he was diagnosed with dementia just a few years ago.

When he was assessed in the hospital unit for dementia patients, they thought they put his meds right, my mum's house was also assessed and it was all ok'd.
Unfortunately they ended up sectioning dad as he was also refusing his meds and was getting aggressive.

So he was eventually assessed again early in 2010 for NHS continued care, it taken a while, cos I understand they take income and capital into account.
My mum is also disabled and their house which is actually their own home was adapted for both their needs.
However, although it taken a little while, dad was finally awarded the Full NHS continued care, but they refused him coming home and said to mum, she would have to be a millionaire to have him at home, because dad would require 2 lots of caring staff 4 times a day plus an all nighter that they did not provide.

We were all willing to help in the family and take it in turns, but they said no.

I know this is not actually anything to do with your matters here, but keep at them if you have to - to make sure your dad gets all the care he is entitled to.
I just wanted to share my story the same time.

Unfortunately though, my beloved dad passed away in July of this year at the age of 69.

I do hope things work out for you here. X