my mum has to stay in the care home permanently

[Leodog19]

Hi can eany one help . Found out at the weekend that my mum has to stay in the care home permanently ..dose eany one know if they will make us sell her house do they keep all the money or do we keep it all pay the care home .me and my sister was so upset when when we got told we didn't ask some questions about it . And we don't know where to turn. Or should we just get a solicitor 🥲🥲

 

[Flowers60]

Hi can eany one help . Found out at the weekend that my mum has to stay in the care home permanently ..dose eany one know if they will make us sell her house do they keep all the money or do we keep it all pay the care home .me and my sister was so upset when when we got told we didn't ask some questions about it . And we don't know where to turn. Or should we just get a solicitor 🥲🥲

Sorry to hear that Leo, there’s some info here but once you and your sister have had some time to get yourselves together I’m sure you can go back to talk to them again. https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/

 

[Rose28454]

Hi can eany one help . Found out at the weekend that my mum has to stay in the care home permanently ..dose eany one know if they will make us sell her house do they keep all the money or do we keep it all pay the care home .me and my sister was so upset when when we got told we didn't ask some questions about it . And we don't know where to turn. Or should we just get a solicitor 🥲🥲

firstly did the social services put her in care or did you?
How old are you and your sis? How long has she been tgere

 

[Leodog19]

firstly did the social services put her in care or did you?
How old are you and your sis? How long has she been tgere

Hospital put her there .but social services told us she wouldn't be safe for her to go home. My sister 57 I'm 55 . She was in hospital 4 weeks then I'm the home 4 weeks

 

[Rose28454]

Hospital put her there .but social services told us she wouldn't be safe for her to go home. My sister 57 I'm 55 . She was in hospital 4 weeks then I'm the home 4 weeks

Right well if they put her in the home then the contract is between social care and the care home ( so cheaper ). She should get 12 weeks free ( that’s standard)
My
Mother in law was put into a home by social care so the fee was less and after the 12 weeks they will do an assessment of your mums finances. They won’t force you to sell the house but if she has no other money they will expect the fees paid from the proceeds at some time in the future even if it’s after she passes ( sorry to be blunt)
If the contract is between social care and the home ( which it should be ) we were advised that my mil’s finances were none of the homes business ( as they may try to add additional fees )
My mother narrowly avoided going into a home at Xmas as she died the day after they told us she couldn’t come home and would have to go into care.
however my sister who was over 60 lived with her some of the year ( as she travels a lot ) so mums house would have been discounted in their calculations.
hope that helps

 

[bbbbbbb123]

Hi can eany one help . Found out at the weekend that my mum has to stay in the care home permanently ..dose eany one know if they will make us sell her house do they keep all the money or do we keep it all pay the care home .me and my sister was so upset when when we got told we didn't ask some questions about it . And we don't know where to turn. Or should we just get a solicitor 🥲🥲

Someone from work is buying a house from someone going into assisted care and was telling me (their estate agent told them so it may be completely wrong) that if you have over a certain amount in your bank (I think she said around 40/50k) the care home or whoever it means is can apply for that money, so people in that situation will put someone else on the deeds (the lady had her sons on it) so the money is shared between them (obviously you have to trust them not to take the money) as it can prevent you from getting more financial help if you have all that money. As I said this may be completely wrong and anyone feel free to correct me!!! But might be something to look into. Hope you’re ok X

 

[Pebs19]

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Hi can eany one help . Found out at the weekend that my mum has to stay in the care home permanently ..dose eany one know if they will make us sell her house do they keep all the money or do we keep it all pay the care home .me and my sister was so upset when when we got told we didn't ask some questions about it . And we don't know where to turn. Or should we just get a solicitor 🥲🥲

This happened to my auntie and her mum. Her dad had to sign the house over to her and her brothers otherwise they can force you to sell it to pay for the care #bastards.

Hope you're ok my love! Xxxx

 

[Rose28454]

Someone from work is buying a house from someone going into assisted care and was telling me (their estate agent told them so it may be completely wrong) that if you have over a certain amount in your bank (I think she said around 40/50k) the care home or whoever it means is can apply for that money, so people in that situation will put someone else on the deeds (the lady had her sons on it) so the money is shared between them (obviously you have to trust them not to take the money) as it can prevent you from getting more financial help if you have all that money. As I said this may be completely wrong and anyone feel free to correct me!!! But might be something to look into. Hope you’re ok X

Probably too late to put yours or your sisters name on the deeds it has to be done more than 7 years ago. I think the figure for savings they can’t touch is £23000

 

[Burrito88]

Probably too late to put yours or your sisters name on the deeds it has to be done more than 7 years ago. I think the figure for savings they can’t touch is £23000

7 years for inheritance tax isn’t it. Sorry you’re going through all this Leo

 

[ATV2021]

Probably too late to put yours or your sisters name on the deeds it has to be done more than 7 years ago. I think the figure for savings they can’t touch is £23000

£23,250 is the maximum at the moment.

If she lived in the house alone I.e no husband/wife(not assuming hetro of course)/other tenant on deeds then the proceeds of the house will go towards her care costs which the council will calculate (will be full rate until her capital drops below £23,250) Obviously if you're not happy with her in a care home, then you can contest this via a MCA/Best Interest decision then escalate to the Court of Protection for their decision (it can get costly of course) but depends on whether she could be safely cared for at home and what is in her best interests.

Signing over property as others have said would have to have been done 7 years prior when they were deemed of sound mind. Anything now could be deemed as attempting to conceal assets and you can get in alot of trouble for that too. Capacity depending you may need to apply for a deputyship for finance/property (can only apply for power of attorney if the person has capacity to consent to that too) but that would be more to sell the house/pay for care at the moment

May be worth asking SS for a review/meeting if you're not happy to go through everything as it would/should usually be discussed with NOK anyway.

 

[Kandy floss]

The 7 year rule relates to inheritance tax, not care home fees. Local Authorities can look back as far as they want in relation to care home fees if they believe you’ve transferred a property as deliberate deprivation of assets.

FAQs: Social Care Funding & Deprivation Of Assets | martin searle solicitors

Community Care Law solicitors answer frequently asked questions about Social Care funding and deprivation of assets.

www.ms-solicitors.co.uk

You can retain £23,250 in England and £50,000 in Wales. Not sure where OP is.

 

[Rothsey]

@Leodog19 oh Leo I’m sorry to see this. I hope your all hanging in there ok! Big hugs!!! xx

 

[HoGi]

Have they done a continuing healthcare assessment yet? If eligible then she may not need to pay anything towards her care

 

[LennyBriscoe]

Hi can eany one help . Found out at the weekend that my mum has to stay in the care home permanently ..dose eany one know if they will make us sell her house do they keep all the money or do we keep it all pay the care home .me and my sister was so upset when when we got told we didn't ask some questions about it . And we don't know where to turn. Or should we just get a solicitor 🥲🥲

Sorry to read this Leo. I don’t know anything about the house and stuff but I wanted to send you love

 

[Leodog19]

Have they done a continuing healthcare assessment yet? If eligible then she may not need to pay anything towards her care

Where doing this at the moment

 

[HoGi]

Where doing this at the moment

I will keep everything crossed for you. It is a gruelling process.

Don't be afraid to challenge their answers. You know your mum best.

However if she is awarded full CHC then she wouldn't be paying towards her care. They may award part funding which would reduce her costs too.

It is basically NHS vs Social services as to who is responsible for paying for the care. So it isn't an easy process. But I am eternally grateful my dad was awarded full CHC so didn't have to pay for his care

ETA it was a few years ago I went through it, but happy to answer any questions if I can.

 

[Leodog19]

Right well if they put her in the home then the contract is between social care and the care home ( so cheaper ). She should get 12 weeks free ( that’s standard)
My
Mother in law was put into a home by social care so the fee was less and after the 12 weeks they will do an assessment of your mums finances. They won’t force you to sell the house but if she has no other money they will expect the fees paid from the proceeds at some time in the future even if it’s after she passes ( sorry to be blunt)
If the contract is between social care and the home ( which it should be ) we were advised that my mil’s finances were none of the homes business ( as they may try to add additional fees )
My mother narrowly avoided going into a home at Xmas as she died the day after they told us she couldn’t come home and would have to go into care.
however my sister who was over 60 lived with her some of the year ( as she travels a lot ) so mums house would have been discounted in their calculations.
hope that helps

If we sell the house do we keep the money and pay the care home or do they keep all the money?

 

[Ocupus5]

Sorry to hear this, a relative having to go into care really is tough.

If she lived alone with no spouse then the house will be taken into account as an asset to pay her care fees. The only time it wouldn’t be counted would be if a spouse still lived there or as mentioned if the house is in trust but must have been signed over 7 years prior to placement.

Social Services will assess and if your mum meets the eligibility criteria she could enter a deferred payment scheme which is where social services will pay the care fees until the property is sold and then reclaim back what is owed. At the point of the sale your mum would be classed as a self funded and contract between social services And the home would end and a New one between family and home would start. If there is temporary funding from social care your mum would be assessed to pay a contribution towards her care fees even if she was in a deferred payment. Her property would also be discounted for the first 12 weeks. If she has savings above £23,250 she would be classed as self funding and the contract would straight away be private with no input from social care but you would still be entitled to a care act assessment to ensure that the right placement has been sourced as the hospital isn’t always the most reliable when it comes to finding the right placement.

The best thing to do is to ask for a social care assessment as the social worker will be able to ensure that your mum has the best care to meet her needs and give You the financial advice you need. Also remember if you aren’t happy with the placement and want to consider other care homes you have a right to request other options are looked at.