care home cost

andy_hardaker

hi, not sure if this is the right forum but I can't find a relevant one.

my friend is related to 2 elderly sisters who each have a half share in a house. the sister that lived in the house has been taken into a care home and now the social services are ringing him on a very regular basis, pushing him to have the house valued and to clear the house so it can be sold to pay the care home fees. can they legally do this as the second sister doesn't want to sell the house? or are they limited to putting a legal charge on the house and collecting the fees when it is sold?
also they have told him that the only costs he can knock off the value are for skip hire, nothing for all his labour and time.
and what can he say to the social services to get them off his back?
thanks.

paddedjohn

It's got nothing to do with your friend, the 2 sisters own the house.

andy_hardaker

he is related to them and dealing with their affairs as they are both incapable of doing it themselves

paddedjohn

Well that's different then, does the other sister live in the house or is it empty?

pmlindyloo

paddedjohn wrote: »

Well that's different then, does the other sister live in the house or is it empty?

This is very important.

If someone who is over 6o years is living in the house then the value of the property is not taken into account when the person is assessed.

A useful fact sheet here:

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS38_Treatment_of_property_in_the_means_test_for_permanent_care_home_provision_fcs.pdf?dtrk=true

If the sister is not living in the property (sounds like it is the case,) then personally I would be getting some advice from Age UK.

If it is the latter why doesn't the other sister want to sell?

PippaGirl_2

The OP has already said "the sister that lives in the house" has been taken into care which implies the other doesn't.

The answer is yes, the DSS can force the sale, they only fund care for so many weeks while a house is sold. Had the other sister who owns the other half lived in then property it would have been different, however as she doesn't the DSS will demand the house is sold asap.

Good info here

margaretclare

So where does the other sister live, and why doesn't she want to sell it, if she has no need of it to live in?

andy_hardaker

the house is unoccupied. I am unsure as to why she doesn't want to sell, but personally, I wouldn't want to be told that I HAVE to sell something, purely on principal.it looks like they are able to force the sale after a12 week period. he just doesn't need the constant pressure from them after only 3weeks. thanks all

Dunroamin

andy_hardaker wrote: »

the house is unoccupied. I am unsure as to why she doesn't want to sell, but personally, I wouldn't want to be told that I HAVE to sell something, purely on principal.it looks like they are able to force the sale after a12 week period. he just doesn't need the constant pressure from them after only 3weeks. thanks all

There's hardly a great deal of pressure in ringing an estate agent to put a house you don't live in on the market!

PippaGirl_2

Andy, perhaps the other sister could buy the sister's in care's share out? That would mean the sister in care's fees would be paid and the other sister not wanting to live in her half share of house could keep the house rather than sell it if she chooses.

paddedjohn

They could try and force the sister in the home to sell her share of the house but the other sister can't be forced to do anything. A charge on the property would be a likely outcome as it would be nigh on mpossible to sell half a house.