charge on property with land registry

noelphobic

BitterAndTwisted wrote: »

Just a minute! It's my understanding that Local Authorities impose a charge for providing PERSONAL care for people who can't pay for it themselves, not medical/nursing care, which comes under the NHS. If your mother was too poorly to consent to the charges she would have been too poorly to need solely personal care.

This needs looking into but I'm not sure how you could go about asking for an explanation or even contesting them now

I wish it was that simple! My mum had dementia and other medical conditions. She died in September after 6 years in residential care - 1 year in an EMI care home and 5 years in a nursing home. She definitely lacked capacity to consent to a charge being put on her home 6 years ago and yet she was denied fully funded NHS continuing care.

Jowo_2

This solicitors claims to be able to recover wrongly paid fees and have basic info on who qualifies for full care and how local authories defer the costs by putting a charge on the property, how to challenge the local health board's decision when awarding care.

http://www.hughjames.com/our_services/services_to_individuals/nursing_care/assessment_form.aspx?gclid=CJ_y1OTQsqUCFQFO4QoddyOgXQ

noelphobic

Jowo wrote: »

This solicitors claims to be able to recover wrongly paid fees and have basic info on who qualifies for full care and how local authories defer the costs by putting a charge on the property.

http://www.hughjames.com/our_services/services_to_individuals/nursing_care/assessment_form.aspx?gclid=CJ_y1OTQsqUCFQFO4QoddyOgXQ

at a price!

martindow

Another approach would be to ask the LA what this is.

noelphobic

martindow wrote: »

Another approach would be to ask the LA what this is.

I know why the LA put a charge on the property, I'm just trying to find out if they followed the correct procedure when they did so.

Alias_Omega

Check out - http://www.ageuk.org.uk/Documents/EN-GB/FS10%20Paying%20for%20permanent%20residential%20care%20April%202010%20-%20AM064_fcs.pdf?dtrk=true

Look at Para 4.

More than £23,250 in capital
[FONT=Arial,Arial][FONT=Arial,Arial]You will be expected to pay the full fee until your capital is reduced to £23,250. [/FONT]
[/FONT]

As i read it,

Your mother would of been assessed for everything she had in savings & in capital (house), and then the care home fee's would be been loaned to her. The charge was put on the house so that the LA gets its cash back upon the sale of the house.

Care homes are not free if you have cash in the bank.

Regards,

Alias

Jowo_2

noelphobic wrote: »

at a price!

No kidding.

A local authority that charges people with means for their care.

And a solicitor that charges its clients for its services.

What is the world coming to.

Richard_Webster

I am sure that LAs have statutory power to impose these charges on property, otherwise there would be all kinds of abuses.

All OP needs to do is ask the LA for details of its statutory authority - or for that matter ask Land Registry why they accepted it.. This thread has actually been unnecessarily lengthened because OP didn't explain the full situation in the first place.

Bettie

noelphobic wrote: »

Can an individual or organisation place a legal charge on a property without the written consent of the owner or their legal agent?

Yes, I had one unfairly placed on my house. I was the last to know about it and went to court to object to it and have it removed.

noelphobic

Alias_Omega wrote: »

Check out - http://www.ageuk.org.uk/Documents/EN-GB/FS10%20Paying%20for%20permanent%20residential%20care%20April%202010%20-%20AM064_fcs.pdf?dtrk=true

Look at Para 4.





As i read it,

Your mother would of been assessed for everything she had in savings & in capital (house), and then the care home fee's would be been loaned to her. The charge was put on the house so that the LA gets its cash back upon the sale of the house.

Care homes are not free if you have cash in the bank.

Regards,

Alias

I am aware of that. My question was about the procedure that had been followed, not why a charge had been put on the property.