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Mortgage liability following care home admission

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  • Mortgage liability following care home admission

    Hi All,

    We (my mum and I) have had a long dispute with the council about money they claim my mum owes them following my dad living in a care home for Just over 5 years after being diagnosed with dementia. He passed away about 4 years ago and we have still not managed to resolve the dispute.

    To cut an incredibly long story short they calculated his income incorrectly on the initial financial assessment and wrongly concluded he was a self funder. They have since admitted they got that wrong but are still saying there is a large amount owed but my mum was and is not in a position to afford the payments they were asking for.

    When my dad went into the care home there was an outstanding mortgage liability which was originally agreed mainly based on my dads income. In my last conversations with the council They said that “the minute my dad went into the care home he was no longer liable for the mortgage”. This is their position because they want to take all of his income to pay for the care home. We have discussed this with the bank and other organisations and they say he was still liable for the mortgage.

    The point being we believe we should have been able to use some of his pension income to put towards the mortgage rather than my mum having to pay it all with an income that has been cut by 50% after he went into the home.

    Is anyone aware of mortgage liability following admission into a care home?? Is there any legislation on this?

    Many thanks in advance!
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