care for an elderly relative

kammx4

Anybody with any specialised websites that can help me with paying for care for my nan. She had proceeds from a house sale that she gave away straight away to her three grandchildren. After 6 months of living with us her health deteriorated and she had to move into care. Are her grandchildren now liable to pay for her care when her money falls below the government figure of £23000.

missbiggles1

Morally or legally?

xylophone

http://www.ageuk.org.uk/home-and-care/care-homes/deprivation-of-assets-in-the-means-test-for-care-home-provision/


"Recovering charges from a third party
Recovering charges from a third party is covered in Annex E of the statutory
guidance. Where the person has transferred the asset to a third party to avoid
the charge prior to the means test, the third party is liable to pay the local
authority the difference between what it would have charged and did charge
the person receiving care at the time of the means test. However, the third
party is not liable to pay anything which exceeds the benefit they have
received from the transfer.
If the person has transferred funds to more than one third party, each of those
people is liable to pay the local authority the difference between what it would
have charged or did charge the person receiving care in proportion" ....

Your elderly and presumably infirm grandparent sold her home and gave away the proceeds?

And I suppose nobody had the slightest inkling that this might be unwise because she might need care within a short period of time?

You are one of the beneficiaries of this largesse?

Are her grandchildren now liable to pay for her care

What do you think? Or perhaps you consider that it is the responsibility of anybody but the grandchildren, preferably other tax payers?

I'm speechless!

Drp8713

How did she intend to support herself if she gifted her assets? Also just 6 months from the gifting date she needs care.

It looks like blatant deprivation of assets. The council will just treat it as if she still has the money she gave away.

atush

The grandchildren need to return the money and it (less them amt she is allowed to keep as savings) will help pay for her care.

Pollycat

Just curious what happens in these sorts of situations....

Elderly person gives away her money to family.
Within a short time, she needs to go into care.
Council class it as deprivation of capital.
Recipients of the elderly person's money have spent the money (or say they have).
What happens ro the person needing care?
Do the council refuse to fund it?
Where does she end up staying?
And who pays for the care?

PasturesNew

The local authority will put her in a home, then pursue the money, even if that means taking the family to court to get it back.

missbiggles1

PasturesNew wrote: »

The local authority will put her in a home, then pursue the money, even if that means taking the family to court to get it back.

One would certainly hope so.

Keep_pedalling

missbiggles1 wrote: »

One would certainly hope so.

Or preferably, the family will return the money where it belongs so that gran can pay for her own care. This might also give her a better chose of care homes.

System

PasturesNew wrote: »

The local authority will put her in a home, then pursue the money, even if that means taking the family to court to get it back.

And if the money has all been spent? The question was, what happens to the old person?
Is she left to die in the street? I suspect not. So the LA will end up paying pointless legal costs and then still have to fund some kind of care.

Pollycat

Clifford_Pope wrote: »

And if the money has all been spent? The question was, what happens to the old person?
Is she left to die in the street? I suspect not. So the LA will end up paying pointless legal costs and then still have to fund some kind of care.

This is what i was getting at in my earlier post.

e.g. do the Council evict her from the home, stick her in a wheelchair and leave her on the doorstep of the relative who has benefitted from her money?
Clearly not.