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Paying for Care Home whilst waiting for Court of Protection.

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Comments

  • nad1611 wrote: »
    Thanks for this. Yes I often look through the Alzheimers website. I've just been reading what a minefield dealing with some of the banks can be when you do actually become a deputy, that will be a whole other issue no doubt.

    Yes; unfortunately not only do you have to learn all about it yourself just when things in life are tough, but also the staff at the different institutions don't always know their own systems nor the rules, and that can also add more stress.

    Best to keep scrupulous records - it's not that difficult, just a matter of being organised, but it does become another task you have to take on. The OPG can and will check up on the actions of a Deputy.

    I don't know how old your brother is, nor how long he has been acting as your father's carer, but it might be worth you reading up on the rules in CRAG (link below), Section 7, about when property is disregarded in the assessment of capital assets for funding care residentially. In certain cases a property can be disregarded if certain criteria are met, or at the LA's discretion:

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/301250/CRAG_34_April_2014.pdf

    Good luck! ;)
  • Goldiegirl
    Goldiegirl Posts: 8,821 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Rampant Recycler
    This was 10 years ago, but when I applied to the Court of Protection in respect of my mum, I got an interim order ahead of the main Court Order, which permitted me to withdraw £1000 from her account for some immediate expenses that I had to deal with.


    Perhaps it would be worth asking if this arrangement is still possible, to allow you to make an initial payment to the care home
    Early retired - 18th December 2014
    If your dreams don't scare you, they're not big enough
  • nad1611
    nad1611 Posts: 710 Forumite
    Yes everything has to be learnt the hard way with this terrible disease and as you say at a time that is already awful.Thanks for your help.
    My brother probably wouldn't fit into any of the categories and the LA would therefore not allow a disregard in his case.

    We now have to find out whether the COP would consider us allowing our brother to stay in the house for a fixed period until he gets himself a place of his own, is reasonable. Dad would still be bearing the cost of the running of the house in the meantime as my brother was only on Carers Allowance.
    I suppose it will be difficult to suggest it would be in Dad's best interests, but it is something we are all agreed would have been something my parents would have agreed to.
  • nad1611
    nad1611 Posts: 710 Forumite
    Goldiegirl wrote: »
    This was 10 years ago, but when I applied to the Court of Protection in respect of my mum, I got an interim order ahead of the main Court Order, which permitted me to withdraw £1000 from her account for some immediate expenses that I had to deal with.


    Perhaps it would be worth asking if this arrangement is still possible, to allow you to make an initial payment to the care home


    I think this intermediate arrangement is the COP9 form which ws mentioned.Thanks.
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I don't know if this has been your experience, but I cannot believe that if OP's father is self-funding that the LA would get involved in funding the shortfall in the interim, nor would the discount the LA has vs self-funders on care home places apply.

    I have known a number of cases where the LA has funded a placement for a resident until funds are available, either through the sale of a property or in a COP case. Some homes aren't prepared to wait for the payments and in this case the LA should step in. They know they'll get their money back once available so should be willing to help.

    As for the discount as long as the provider isn't aware that the resident has a view to being a self funder they'll accept the LAs standard rate. From their prospective it makes no difference than if it was a person just paying the basic contribution. Naturally once the funds are available the LA will no longer be involved.

    My experience: I used to do this as a job. I can't speak for every LA but it was certainly standard at ours.
  • Yup in my recent knowledge, even if the patient will be self funding in future the LA will step in.
    They will do a financial assessment and make a 'charge' against future funds. They will enter into agreement with the care home and when you have the funds available you will have to repay the LA's contribution.

    It's miserable isn't it.
  • meritaten
    meritaten Posts: 24,158 Forumite
    it may be worth looking into whether NHS will fund the care home. is your dad going into care on doctors advice? or social services? because if the DOCTOR has advised it...............then I would be expecting NHS to fund it. if its SS then you will probably have to pay a proportion - or you could be paying privately in which case it is your own business.
  • nad1611
    nad1611 Posts: 710 Forumite
    No Dad wouldn't qualify for the NHS Continuing Care. He has gone into a home today which went suprisingly well actually, basically because my brother who lives with him wasn't coping anymore and so we didn't have a lot of choice really.

    The home seem perfectly happy to wait for payment so things eem okay for now. Thanks everyone.
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