selling house that i dont own

alfe

Yes they will not pay her care as they say she has assets
I think i made the mistake of telling the truth and i have the letter stating that because she has over £22000 in assets the council will not pay for her care costs.
she gets £190 a month middle rate DLA
but just very basic care costs (have to be done privately)
£380 month
basic care is assistance with a shower 3 times a week and someone coming in just to put a tubigrip bandage on and off of her arm daily
she has asked other people to do this in the sheltyered accom she lives in but the health and safety blockade rears its ugly head with people saying what happens if i were to fall over on my way to your flat etc

Ulfar

Was your brother your mum's carer. If he was then while he is living in the house it should not be counted as assets for care fees.

The council will not tell you this.

I do think you are being unreasonable as it looks like your brother has already paid 9000 this year to your mum, is this for fees or something else ?

Can she not have a care package at home ?

BitterAndTwisted

Your mother should consult a solicitor so she has the facts and figures about how she can force a sale or reach a sensible agreement with your brother about a fair amount of rent that he should be paying your mother for living in her two-thirds of the property. If a fair price can be reached, your brother might be amenable to realising his third-share and having that or a little more (a bribe) to put towards a home of his own.

All it might take is for him to receive a solicitor's letter advising him that discussions need to take place for him to see sense.

Alias_Omega

I would just keep clear of it all.

If he wants to have the house, he will also need to put up the care costs for your mum. I guess next he will approach you for some £££ towards the cost of the care.

[/Avoid]

alfe

Ulfar wrote: »

Was your brother your mum's carer. If he was then while he is living in the house it should not be counted as assets for care fees.

The council will not tell you this.

I do think you are being unreasonable as it looks like your brother has already paid 9000 this year to your mum, is this for fees or something else ?

Can she not have a care package at home ?

as stated in original post he has paid her £9400 this year
there is no legal document to say what this money was for.
he has not paid my mum any rent (unless he is calling this money rent)
but he could just say that he has been buying more of the house bit by bit (again nothing legal)
my mum if the house was sold and she got her full share would still have £160000 in bank plus approx £9000 interest over 20 months if house was sold earlier.
also while she still has majority legal ownership of house if someone where to be injured or killed in said house, she could be held in part accountable for the events as she would be seen to be the landlady of the property

BitterAndTwisted

What is the likelihood of someone being injured or killed in the property? Quite honestly this is the least of your mother's problems.

She should consult a solicitor and ask them about how she can force a sale if that's what she wants to do.

He cannot claim that the money he has deposited into your mother's account is payment towards purchasing her two-thirds share without her signature on a document confirming that. If she wants things to be clear she should write and ask him what the money is for, and if she's not happy she should return it to him.

This situation is only as complicated as people want it to be.

jennifernil

I read it as Mum is receiving care visits in her rented sheltered accommodation, she is not in a care home.

Would this not mean what she has to pay is based on income (and savings?) rather than on the fact she owns part of a house?

As brother owns part of house, I don't think it can be counted as an asset should she need to go into a care home.

NeverAgain_2

You are content for your mother's share of the house to go towards her care fees.

The council say they will not pay the fees because she has assets.

I wonder if there is a way of manoeuvring the council into helping to force a sale.

decsdad

Playing devils advocate here but, since the house was bought (1995 was it) has your brother lived in it ? And has your Mum paid him rent to live in his third ?
I bet when it was originally purchased and all was rosey, the plan was that your brother would keep the house once the parents had "departed", or something along those lines.

xylophone

See http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/documents/digitalasset/dh_125836.pdf section 7.017.
This document does seem to apply to care/nursing home fees rather than to your mother's particular situation.

Your mother is not in a care home as such but has moved into sheltered accommodation - ie she has chosen to rent a home that is more suitable for her needs ( as a matter of interest, was it really impossible for her needs to be met in her own home, even if some adaptations had been required?)

I think that the only way that your brother could be forced to sell would be by court order? The legal fees could be very expensive?

If your brother pays your mother rent then this just increases her income and could even lead to her paying more tax?

He has paid lump sums into her bank account which increases her capital so makes it even less likely that she will receive any council help?

The purpose of the lump sums needs to be documented?

Has your mother made a will?