Help needed re elderly parent (Scotland)

16011996

your so welcome, and i'm so pleased to hear its getting better. take care.

160.

System

Glad your Dad seems to be getting the care he needs. Now you need to get yourself a good solicitor. I would be interested to know how you get on with this.

Jockthearab

Judi, Appointment with solicitor tomorrow am, although after the chat I had on the telephone,looks like my option will be to buy out my Dad's half (at current market value {mid£30k??} - oustanding mortgage-original buying & disposal costs) & then charge him rent! Seems crazy,but as far as I know that's the system for you...I'm just about to go & browse through the paperwork I have, but I reckon I've saved the DSS/Society a fair few bob over the years i.e how much they would've contributed in paying his rent for the last 12 years-the average £6-£7 they've paid towards the interest per week. Yet because his name's on the mortgage (although not contributed financially) it's considered an asset of his. Oh, I've also got the joys of Capital Gains Tax to consider too I understand!!

Finally, an ironic thought...there is no legal liability for my sister who owes him almost £2k as there is nothing in writing!!!! ::)

Also phoned Doctors to arrange referral for him at local hospital, his Doc is away on leave but it will be passed on to him upon his return. Getting there sloooooooowwwly!

I'll keep you posted...

16011996

keep going jock, and ring the doctors in a week or so, just to remid them, is nothing wrong with being pushy in your situation,

160

System

Yes good luck with your appointment at the solicitors.

One more thing. Its not that easy to claim 'rent' off a family member in respect of housing benefit. Theres a clause in the paper work where they they ask you if the rent is from a family member, and they say if it is, 'it MAY not be paid out'. Well thats how it stood in England about 6 months ago.

Jockthearab

Hello again,

I found out the following today from the solicitor. In Scotland we are entitled to free personal care. The Scottish Executive provide funding to Councils to provide this, but as money is tight, councils look closely at peoples assets before determining the level of 'free care' that they receive. He seems to think the threshold is £16k. A person above this threshold will have to contribute towards their care. So my 'options' re the mortgage seem to be:

Buy out my Dads 'half' at current market value or wait & see if he gets offered sheltered housing then sell the house & split the profits 50:50. This will put him near or above the threshold, depending on what it is valued at. I have to offer him a fair value. It would have to go through as if you & I were exchanging properties so Dad would have to appoint his own solicitor. As Dad may not fully understand exactly what is going on, his solicitor may not be able to alllow this to happen!!!! i.e act in his clients best interest's

Alternatively I can go to the lender to get my Dad's name removed, but as someone somewhere will have noted that he & I 'shared' the mortgage for 12 years & suddenly his name comes off it... this may be seen as a 'dispersal' of assets'. Thus the Council can put a notice of charge on the property so that when I ever come to sell it, the Council will be able to claim £x towards whatever care my Dad needs/gets! This method was NOT advised by my solicitor btw, just that if he didn't require care in the short term it was a possibility, but the council can check back as far as they want (no 7 year deadline as I thought) on my Dad's financial situation, so this is definitely a no go for us BUT may be helpful for other people, with similar circumstances, to be aware of

He did advise to do any of the 1st two before the mortgage endowment matures in 2.5 years time, thus the outstanding mortgage, any costs etc will be taken from the profits of the sale...when the endowment pays out, the council would have no claim on it as it's in my name only!

At the end of the day, it looks like I have a longer complicated path to go around than what I ever perceived, to secure the money I have invested, as being my dad's only blood relative, when 'that time' comes, his assets become mine. :'(

I have also had a further call from the Care Manager to arrange a visit from a lady who deals with the sheltered housing aspect of this. This has been arranged for Friday. All being well, this should go through smoothly enough, but could mean a 6month-1 year wait on a list, but again the wheels are now well in motion to get the best care for him.

I hope my experiences can be of help to those who have helped or are considering funding their parents living expenses.

alison6692

This has been a very interesting thread, I think that it will be really beneficial to people in similar situations.

Its just a shame that you have had such a nightmare trying to get stuff sorted.

Its also a shame that nobody can find a loophole so that the council cannot use some of the dosh from the house towards your Dads care. Have you posted in "mortgages"? There may someone who can help there.

panicos_2

I dont know if you remember the case about Four Seasons nursing home the client run out of money and the council wanted to sell his house. Anyway the family protested and refused to sell the house but I cant for the life of me remember what happened. Dont know if this will help but the story was in The Fife Free Press.

jockettuk

just as well your not under ealing council in london my boyfriends nan who is 86 has been told she will have to wait 2 yrs to be assessed and she is in the first stages of altzemiers

Jockthearab

Hi again, update time!!

What a week...after the meeting with the Sheltered Housing lady, I arranged to take my dad last Saturday teatime to view a complex to see what Sheltered housing was like. Got there to be told via an intercom at the door that we weren't expected & no one was available to show us around >:(

On Monday arrived at Dad's after a bad day at work (that's another story!) to find his house soiled again by the cats. The home care person had cleaned up a bit but she wasn't very happy regards her Health &Safety. Turns out my Dad had refused to get up all day Sunday & this was teatime Monday...so I called his GP.

Tuesday received call from his Care Mgr. She had visited Monday afternoon & seen at first hand what had happened, then said that the home help people had been complaining about this to their manager & wanted something done about them. Truth be told I almost told her to tell them to withdraw their care if this was going to be an issue. Received call from the Home Help Mgr asking if I was aware about what was happening with my Dad (doh!), then received call back from the Doctor. He was arranging a blood test & would keep me informed.

Wednesday bought cats a litter tray etc. Oh, also suspected that SSPCA had 'taken' one of his cats (neighbour seen van, then cat had disappeared!) Turned out the inspector had not! Had a nice long chat with her as she'd received an anonymous call re his cat been very thin & frail...as she said if a Cat's 20, like a human it's gonna be thin & frail...Cat turned up for it's tea...! Sent off dad's Sheltered Housing application form & application for Attendance allowance.

Got a call last night at 8pm from the Doctor, apologising for the time of the call etc, He said the blood tests have come back clear thus ruling out any underlying cancers (phew!) but says we're now looking at 'Mental Health issues' & 'long term problems' :-/

Now had a call again from his Care Manager, to say that this morning one of the Home Helpers had gone in & found the Cat mentioned above had passed away :'( When I explained to the Care Manager what the Doc had said, she said that Sheltered Housing is probably not the best option for my Dad's future now. SHe is arranging a Network Meeting next week to get everyone involved around the table to meet & discuss where we go from here.

Sorry to prattle on but I know many of you have had/face similar experiences...

JtA