Tweet
Hi, I have been a carer for many years for my elderly mother who has severe Alzheimer's disease. She has recently gone into a care home. I have just been told by a solicitor that although I may be able to remain in the family home, once she passes away the council, who are paying for the care home, would be able to get a charging order and I would be forced to sell the house and give them my mother's half (it's jointly owned). Is this correct? I was told previously that they would not be able to make a charge retrospectively or force a sale. I would be incredibly grateful for any advice as more than a little concerned. Thanks.
Loading...
-
Tags: None -
Re: Care home fees and jointly owned property
I have read parts of the following, and hope it may be of some support to you. If it is not, I'd be inclined to contact Age Concern who will deal with this issue on a regular basis I imagine:
http://www.ageuk.org.uk/Documents/EN....pdf?dtrk=true -
Re: Care home fees and jointly owned property
A very complex matter and many ifs and buts along the way here is a fact sheet http://www.alzheimers.org.uk/site/sc...documentID=112 it covers most if not all of how the system works. I would say make sure your mum has had all the relevant assessments as to her care needs. If your mum needs nursing care or a half and half situation where both social and nursing care are needed then the NHS should cover the nursing charge.
It's a nightmare of a situation and the council can decide that a deprivation of assets http://www.ageuk.org.uk/home-and-car...ome-provision/ has taken place in some circumstances.
Comment
-
Re: Care home fees and jointly owned property
As Labman suggests, contact the charities mentioned, as they do indeed deal with this situation on a daily basis. There are also solicitors and accountants with expertise in this area.
Councils are increasingly greedy and aggressive, so it would be wise to look into this as a matter of some urgency. Don't wait for the axe to fall.Comment
-
Re: Care home fees and jointly owned property
Many thanks for your replies. Trouble is, everyone seems to tell me different things. Spent a fortune seeing a lawyer for advice yesterday, only to be told by another one today that everything he said was wrong. The latest I have been told that a charge or restriction would be put on the house, but when my mother passed away, even though Barnet could not force me to sell the house, they would expect payment of the debt somehow (which I guess would mean I would have to sell the house). However I was also told by another lawyer that no payment would be necessary until I decided to sell the house in the future. Absolutely bewildered. Just cannot afford to go to different lawyers for different opinions which may or may not be correct.Comment
-
Re: Care home fees and jointly owned property
Is the OP's mother receiving Total Care Funding via the NHS for care of her mother, due to the Alzheimer's? My own mother is in a care home with Vascular Dementia, resulting from diabetes and a stroke (VD can result from both.) and receives Total Care Funding from the NHS. The OP needs to enquire as to whether their mother is eligible. It will depend on how advanced the Alzheimer's is and the degree of care needed.Life is a journey on which we all travel, sometimes together, but never alone.Comment
-
Re: Care home fees and jointly owned property
These actually amount to very much the same thing - there may be a debt that has to be repaid, and the only way they can ensure that it is, is by putting a charge or restriction on the house.Originally posted by Lhg View Post
As Bluebottle suggests, first see if anything will be owing. If they say not, get that in writing. If they say that there will be, get them to supply full details.
Take care to cover all the bases - ensure that all her paperwork (pension, benefits, bank, etcetera), is in order, as it won't be just the council who want a piece of the pie - there will probably be the DWP as well. They now have a habit of launching aggressive fishing expeditions.Comment
-
Re: Care home fees and jointly owned property
Many thanks for your replies. really appreciated. I'm afraid there's been another development (due to my lack of legal knowledge). I've been informed that I'm not joint owner, but as my father left his half of the property in his will I only have beneficial interest in the property and that my mother is the legal owner. Could the council sell the house and then give me half the proceeds or can I prevent a sale (assuming I could resort to a deferred payment?). The main thing I want to prevent is the house being sold from under me. Many thanks again. Really should have studied law and not social science.Comment
-
Re: Care home fees and jointly owned property
Lhg, i feel for you at this difficult time.
My brother lived with my Mum and she had been widowed for almost thirteen years when she passed away she had been in the local hospice so there was no worries about funding there but had had some respite in a local home during this time.
When it came to sorting the house out it was a bit of a nightmare as far as I was concerned my brother could stay there but he himself had healh issues, he found out that the deeds had not been transferred to Mums name only when Dad passed away it took almost two years to sort out.
He did then move into a one room flat.
Hope it can be sorted, you dont need this hassle xxNever give up, Never surrender.Comment
-
Re: Care home fees and jointly owned property
If you mother is sole owner, what exactly is your beneficial interest and how did you acquire it?Originally posted by Lhg View Post
There are a number of possibilities, depending on the circumstances, of which selling the house under you is one.Could the council sell the house and then give me half the proceeds or can I prevent a sale (assuming I could resort to a deferred payment?).Comment
Comment