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Funding for care home - Sell house?

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  • Funding for care home - Sell house?

    I wonder if anyone is able to help with a query I have

    My mother is in a home. She went in as an emergency case for Palliative care and it was originally fully funded by the NHS, but she survived unexpectedly and the funding was stopped. She is now self-funding, but running out of money to do so

    The local council can help with funding, once my mum's savings and assets drop below a certain level (I think it's about £23k). Her savings are about to go below that, but there is a question over the house

    She and I are joint owners of the house (as joint tenants) where I have always lived and still live now. The Surrey County Council website says that even as joint tenants (i.e. we own 100% together, not 50% each) 50% of the price of the house will be taken into account. If this happens, she will still have to fully self-fund. To allow this, I will have no option but to sell and lose my home

    There are exceptions... They do not count the house as an asset if it is occupied by a spouse (no), a relative aged over 60 (no - I'm 54), a divorced or estranged partner who is a lone parent or a dependent child, but one other is a little ambiguous... A relative aged under 60 who is incapacitated. I'm not sure if I count!

    I have mobility issues. I have some things in the house to help me and after assessment by my local council (Bracknell forest) I am a blue badge holder. However, as I am still able to work, I receive no disability benefits. I have osteoarthritis in my hips and knees, for which I am undergoing physio treatment and have been referred for bariatric surgery as the pain in my right knee is no longer controlled by painkillers and has been painful for around 18 months. I have an appointment to discuss bariatric surgery next January

    Looking at the citizen's advice site (What counts as disability - Citizens Advice), for the purposes of discrimination, I am considered disabled, but in this case, I don't know what would or wouldn't count as me being incapacitated

    Any thoughts?
    Tags: None

  • #2
    Hello

    There may be slightly different legal meanings according to the relevant legislations but as a general rule, the legal meaning tends to be someone who is unable to look after themselves owing to their physical or mental conditions. In other words, you need assistance or help from someone else because you are incapable of doing something on your own.

    Take for example, someone who has motor neurone disease would likely be regarded as incapacitated.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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    • #3
      Thank you Rob
      That may rule me out then. I don't have to have anybody help me with anything. The closest I come is that I have to have rails in order to use steps/stairs

      From your description, I may be out of luck and may have to sell my home and move out. It's a scarey time, having never lived anywhere else

      Comment


      • #4
        Sorry it is not the news you were hoping for and it's not my area of expertise but it may be worth actually calling the council to explore all options and confirm what can be done and see if there are alternative funding options or grants that you/your mother may be entitled to as there could be discretionary grants or bills that they may be able to contribute towards.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          Check with someone like a Citizens Advice Bureau benefits adviser. There may be a way ...
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Originally posted by buzzbee View Post
            Thank you Rob
            That may rule me out then. I don't have to have anybody help me with anything. The closest I come is that I have to have rails in order to use steps/stairs

            From your description, I may be out of luck and may have to sell my home and move out. It's a scarey time, having never lived anywhere else
            Because you don't at this moment, doesn't mean that will always be the case, maybe some help can be phased in.

            Comment


            • #7
              Ageuk.org.uk Factsheet 38 covers this topic in detail. The council has discretion to disregard property assets. Medical letters regarding your health problems, future diagnosis and difficulty to keep working should help your case. The stress caused by moving from a property you have lived in for years is likely to have a detrimental affect on your health.

              Comment


              • #8
                I have used the council's online tool for working out eligibility and on there it is more sprcific and says you must be receiving benefits for disability, which I am not. However, I am going to apply for PIP. I might be able to get the mobility allowance

                Comment


                • #9
                  Originally posted by buzzbee View Post
                  I have used the council's online tool for working out eligibility and on there it is more sprcific and says you must be receiving benefits for disability, which I am not. However, I am going to apply for PIP. I might be able to get the mobility allowance
                  Cool, update the thread, there are guides to help you fill in the form correctly. PIP aren't interested in your conditions, but how those conditions effect you the majority of the time. It's best to give 'real world' examples. If you have a CAB office near you, book an appointment.

                  https://www.citizensadvice.org.uk/be...nd-carers/pip/

                  Comment

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