Elderly parent care home

julie4543

Hello
After 5 years of suffering many mini strokes and eventually suffering from dementia, my elderly mum (88 last December) has recently been admitted into a EMI (Elderly mentally ill)unit for a 28 day assessment.

We (my husband and I) have been advised this week that she is to go into permanent care in a local nursing home and are very concerned about who will have to pay for this.

We have cared for her constantly over the past 15 years, in the last 2 years this has been almost 24 hours a day 7 days a week, eventually coming to a head just before christmas when the doctors and social services decided she was no longer fit to be living on her own.

The council have advised us that they are coming out next week to assess the financial situation.

To cut a long story short, as my mum was not in a very good financial situation we bought her house for her 15 years ago, the house had to remain in her name for a few years as it was a coal board assisted purchase. I believe that my name has been on the deeds for just more than 5 years but I have not seen the deeds to confirm this yet. The house is worth approx £60,000 now as we have spent quite alot of money refurbishing the house over the years.

My mum has a small amount of savings £5000 which she advised me a while ago that she would like used for her funeral arrangements apart from that she has no money and we have been supporting her for the past 15 years.

What we are unsure about it whether the council will consider the house to be in my name, joint names or indeed my mum's name, and whether the house can be taken as payment for her future care.

I would really appreciate any help or advice that anybody can give me please as I am very worried about having to see the council assesor next week.

Thank you Julie

dunstonh

What we are unsure about it whether the council will consider the house to be in my name, joint names or indeed my mum's name, and whether the house can be taken as payment for her future care.

If the change of ownership is relatively recent then they will almost certainly treat it as hers. You should prepare for them to look into the property ownership as change of ownership of the property is a common method used by some in an attempt to get benefits. Whilst your reasons may be valid, you just happen to fall into that category. It doesn't mean they will include it. Just that it will be scrutinised.

julie4543

Thank you for your help, although when we bought the house we were advised that after 7 years it would be sold to us for £1 I don't know if it ever was, so we may have to fight to prove that we have paid everything.

Thanks again replying
Julie

dunstonh

julie4543 wrote:

Thank you for your help, although when we bought the house we were advised that after 7 years it would be sold to us for £1 I don't know if it ever was, so we may have to fight to prove that we have paid everything.

Thanks again replying
Julie

7 years and selling it for £1 sounds like a bodged attempt to get round IHT.

Selling it below market value like that would invalidate the IHT 7 year rule (plus your mother was still benefiting from the property). Back on the benefits front, the assesment team wouldnt look favourably on that either and they may treat it as an attempt to get benefits.

That said, if it was done many years ago, it shouldnt be a problem but yes, you need to be prepared for a battle just in case and you need to find out the facts before they do. Otherwise you could dig yourself a hole.

Bossyboots

Can I just point out that for it to be transferred to you or sold to you for £1, you would have had to sign documents. If you have not done this then the house in almost certainly not in your name at all, even shared with your mum.

That being the case, the house will be treated as her asset and from what you have posted the council will expect it to be sold to pay for her care.

julie4543

Ok thanks think we need to find out all the facts about the deeds first and just hope my name is on them, thank you for your time though I do appreciate it.

Regards
Julie

dawnydee73

If the house is not in your mums name and was signed over to you some years ago your mum will get help with funding. All money she has coming in eg. pensions will go towards paying for her care, she will be left with about £20 per week for personal allowances.

When someone has over £21,000 (I think) in savings thats when they have to start paying themselves for care - something I don't agree with but thats another matter

Bossyboots

dawnydee73 wrote:

If the house is not in your mums name and was signed over to you some years ago your mum will get help with funding. All money she has coming in eg. pensions will go towards paying for her care, she will be left with about £20 per week for personal allowances.

When someone has over £21,000 (I think) in savings thats when they have to start paying themselves for care - something I don't agree with but thats another matter

That may not be the case here as the mum appears to have still been living in the property and consequently transferring the property will be a "gift with reservation" and the council could have a good case to have a charge put on the property to be repaid upon future sale.

It is important that the deeds are checked and the fastest way to do this is to pay the small fee to do it online on the Land Registry website.

julie4543

Thank you very much for that we have just checked the land registry and everything is in order. Thanks so much for your help
Julie

dawnydee73

julie4543 wrote:

Thank you very much for that we have just checked the land registry and everything is in order. Thanks so much for your help
Julie

I hope it works out for you, let us know how you get on