residential care -SHOULD READ
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"tom_a" tomaa...@msn.com
Sorry it should read: I just wonder if you could give me some information on the following scenario.
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A 40 year old female who lives at home with an elderly parent. ( the female does NOT own a property herself and has always lived at this house).
What would happen in the event of parent having to go into long term residential card - Could the council force the sale of this house to pay for care, if it is the place where a dependent ( daughter ) permannetly resdides?
"Peter Crosland" g6...@yahoo.co.uk
This might help.
http://www.gpss.tripoduk.com/nhscare/ Peter Crosland
"Grey" graha...@btinternet.com
Yes - sort of.
I was in this exact situation. As this is her pernament residence, the council cannot make her homeless. There was some law lords ruling on this issue sometime in April 03.
What happens is that she will take a loan with the council to the value of the property to pay for care. She will stay in the house until the cost of the care equates to the value of the property, from that point, the state will fund the care. The loan is interest free in the intrim.
The fun comes when the parent eventually dies and the council will claim back the value of the house and will begin to charge interest some 50-odd days later. The daughter will suddenly find herself in a radipdly increasing debt, which means she will have to mortgage the house or sell it.
Given the cost of care these days, in basic care home, a ??100K proprety might pay for 6-7 years of care.
At council descretion, if the daughter was acting carer for the parent, the property may be waived as an ***et and she may continue to live there providing she doesn't sell it. She will have to write to the council and state her case in her favour - but there are no solid rules regarding this.
Be careful when signing the paperwork. One tick in the wrong box and you give the council to sell the property from under you.
If you are in a situation where your property is under threat from care-home fees - see a solicitor!!!
Don't think about changing names on the property to dodge payment. The Insovency Act 1981 will enable the council to still claim on the property until seven years have elapsed after signing.
Ideally, move to Scotland.
Graham
"Basso" m...@markbeesley.com
You Might also like to add your names to this petition regarding the sale of homes to pay for care. http://petitions.pm.gov.uk/Continuing-Care/ Tell your friends/family about it too - there are only 132 signatories so far!
"David" NUFFSN...@AOL.COM
I once had quite a battle with Cumbria County Council Social Services about my late father and their 'funding' of elderly care, which flouted totally Government guidelines issued to them and initially I had great difficulty finding any source of authoritative advice and guidance - but ultimately I received invaluable help from Age Concern's national [London] office and I think the same org. publishes many booklets about all this which can be downloaded from their website. Armed with the correct information, I took the bandits at the County Council through their [thorough] complaints procedure and extracted an admission from them that they'd acted wrongly. So don't be afraid to challenge those who administer the system, who might just be trying to get away with things which advantage them and relying on the complexity of the rules and the vulnerability of old people to get away with it....... HTH
"David" NUFFSN...@AOL.COM
PS As far as I can remember, I think there's quite clear and specific protection from enforced sale of the person-in-care's own home if shared with a dependant or whatever.
"Peter Crosland" g6...@yahoo.co.uk
It is also worth remembering that in many cases the local authority has no legal obligation to pay for the care. In many cases it is the local health authority that has that obligation but is very reluctant to accept it.
Peter Crosland
"R. Mark Clayton" nospamclay...@btinternet.com
Well all but some minimum amount.
You should use up liquid ***ets first (shares etc.).
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