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Way around Govt taking all Mum's money?

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I am still coming to terms with my Mum's dementia and the repercussions. She had had to be sectioned and is currently in hospital. I have started to look at homes and been horrified at what I have seen. She lives 150 miles away and so it is really difficult to co ordinate affairs. She did not make a power of attorney so I have undertaken the mammoth task of getting a court of protection. I have had a thought but don't know if it is legal. Could I sell her house, buy one near me and both live together with her having day care and me caring for her at night time. Could the house be in my name? If she got that bad that she needed full time care would the house then have to be sold to pay for her home fees? Just trying to sort everything out and having sleepless nights with it all. :(
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Comments

  • 4372
    4372 Posts: 27 Forumite
    At first glance the situation you outline reflects the circumstances I was in some years ago. I am definitely not an expert, but I suggest that you may want to check out part of the facts below.

    My father was sectioned some years ago, and eventually diagnosed with vascular dementia. We did have to find a Nursing Home which could cope with the condition, but because he was sectioned (117??) the cost of his care fell on to the state, in the form of the local PCT. We chose to pay a top up to ensure a decent quality Nursing Home, but he was eligible for this because he was sectioned. We were able to sell his home and put the funds away for him. In time he was moved onto CHC Funding. Must be worth checking out, unless your circustances are different.

    Regards
  • ecclesto
    ecclesto Posts: 272 Forumite
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    Thank you so much for that. I take it that PCT means primary care trust but not sure what CHC is? She has been sectioned 2 at the moment. She does have savings but will need some of them to do her house up so it can be sold and to pay for the court of protection.
  • elsien
    elsien Posts: 36,074 Forumite
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    If you're contemplating bringing her to live with you, be very sure indeed you are clear on what that may entail.
    In the current economic climate, social care including day care is being very strictly limited in some areas, and caring for someone with dementia at night can mean being awake all night with them, and dealing with all sorts of challenging and potentially violent behaviour. Having seen a friend go through it, I'm full of admiration for those who do, but couldn't do it myself. Don't presume the respite help you need will be there for you - that isn't necessarily the case.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • clemmatis
    clemmatis Posts: 3,168 Forumite
    ecclesto wrote: »
    Thank you so much for that. I take it that PCT means primary care trust but not sure what CHC is?

    CHC is Continuing Health Care, all care paid for by the NHS. There's also NHS-Funded Nursing Care, where part of the costs are met.

    http://www.nhs.uk/chq/Pages/2392.aspx?CategoryID=68&SubCategoryID=681

    I suggest you ask AgeUK about all this

    http://www.ageuk.org.uk/
  • 4372
    4372 Posts: 27 Forumite
    Glad to be of help. Two further points before I retire for the night. The costs to approach the Court of Protection are high, and it is worth checking if there are exemptions in the case of people with limited funds. Secondly if you have not already done so, I would suggest getting some (free) advice from a Qualified Social Worker, or a Charity such as Age Concern. Dementia is indeed a wicked illness, but the fact that your mum got sectioned is not to be ignored as it could ease the finances greatly. I once approached a company about buying a Bond to cover my dads Nursing Home Fees. Once I entioned that he was Sectioned, they backed right off, as they realised that his welfare was now the responsibility of the state.

    Regards
    4372
  • sleepless_saver
    sleepless_saver Posts: 2,741 Forumite
    Part of the Furniture
    You can't sell the house until you have done the court of protection thing. But in any case, if she's so unwell that she has had to be sectioned your plan of looking after her is, unfortunately, not likely to be realistic for the reasons other posters have mentioned.

    As she has been sectioned, the NHS should pay for the care costs. See link to relevant bit of Alzheimers Society website (which is also well worth a general look).
  • p00hsticks
    p00hsticks Posts: 14,451 Forumite
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    ecclesto wrote: »
    I have undertaken the mammoth task of getting a court of protection. I have had a thought but don't know if it is legal. Could I sell her house, buy one near me and both live together with her having day care and me caring for her at night time. Could the house be in my name?

    When you get the protection order you will be able to sell her house and buy another, but I don't believe you will be able to put it on your name. Having a Power of Attorney for someone means that you have a strict legal obligation to act in the best interests of that person, and effectively giving their money to buy someone else a home couldn't be justified.
  • margaretclare
    margaretclare Posts: 10,789 Forumite
    Oh no. If your Mum's dementia is so severe that she's had to be sectioned i.e. 'a danger to herself or others' then hospital or a specialist EMI home is the place for her. In neither case is there any question of 'the government taking her money'. She will not get any better, and living either in her home, in your home, next door to you or in my lady's chamber, it doesn't matter. Are you prepared for 24/7 when she wanders off in the night and all the rest that can go with this illness - it doesn't bear thinking of. People have been known to wander on to railway lines, river-banks, motorways - worse than a toddler where the mum says 'I took my eye off her for a second...' Don't even consider it.
    [FONT=Times New Roman, serif]Æ[/FONT]r ic wisdom funde, [FONT=Times New Roman, serif]æ[/FONT]r wear[FONT=Times New Roman, serif]ð[/FONT] ic eald.
    Before I found wisdom, I became old.
  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    The first question is: despite her general mental ill health, does she have lucid times, when you can talk to her, get her to understand you and get sensible answers?

    If so, you can still get her to sign a Power of Attorney during those times (though you would be wise to do it while her doctor or a senior nurse is present to confirm it). A PoA will be much quicker and cheaper than going to the Court of Protection.
  • MrsBartolozzi
    MrsBartolozzi Posts: 6,358 Forumite
    Part of the Furniture Combo Breaker I've been Money Tipped!
    I've just found this thread and wondered if the fact that for a sufferer of dementia who has been sectioned has their care paid for my the NHS was also the case in Scotland (I've looked at Alzheimer Scotland but can't find anything).
    Not wanting to take over the OP's thread, but my Gran was sectioned just before Christmas 2011 and is now in a nursing home. Because POA was never sought my Mum is having to sell Gran's house etc, but if it's the case that the NHS will cover care maybe something has been missed somewhere?

    It's only a game
    ~*~*~ We're only here to dream ~*~*~
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