*URGENT* - Care Home fees and eviction threat

fergual2

missusd
Step 1 ask local authority for a new financial assessment review.


Step 2. For dementia patients local authority / social services have duty of care so ask for review of care home needs and alternate suitable care home if desired.


Step 3 The local authority should be able to offer what is called a deferred loan of care home fees against the value of the property until deputyship is obtained and home is sold.


Step 4 Apply for deputyship. You / Local authority/ Deputy appointed by Court of protection (your choice) - this can take 6-9 months to process however you can fasttrack this if the circumstances/life expectancy are critical.


Step 5. Sell house repay local authority.


Sorry but I have been through all of this from every angle in last 2 years, it is by no means easy and very frustrating process if you don't have LPA.

euronorris

missusd wrote: »

Again I am not sure but I believe she does get something but it is used for her care costs. Will need to check this too.

If a Deputyship Order was previously granted to the local authority, it does not mean that a family member (or indeed a professional - such as a solicitor) can not then apply to act as the individual's Deputy instead. If granted, this would replace the existing Deputyship Order.


It is correct that attendance allowance would be used towards the cost of her care fees. Even if she did not have the house, and had no other assets, it doesn't mean that the local authority would completely disregard her income.


They would do a financial assessment of both her capital and income. If she had a large enough income to pay the fees comfortably, and still retain a 'Personal Expenses Allowance' (PEA) of £24.90 per week, then in that instance, she may not receive any assistance from the local authority (financially) at all (this will depend on whether or not any of her income is disregarded).


So, at this stage certainly, it is likely that all of her income is being used towards the cost of her care.


The upper and lower capital thresholds have not changed for a number of years, and were certainly still £23,250 (upper) and £14,250 (lower) in 2012 (and onwards). The Care Act 2014 was to bring in a number of changes, but most of these were postponed and the upper and lower capital thresholds are, as yet, unchanged.


I am not sure where this £6,000 has come from. The only thing I can think of, is that is a capital threshold for some means-tested benefits, but care home funding is not one of them.


This is why it is important to ascertain whether or not the local authority applied for Deputyship over her. I'd be surprised if they didn't. After all, if that was the case, who has been managing her finances in that time? Banks are complete sticklers for ensuring they have a valid Power of Attorney or Deputyship Order on file. They wouldn't just act on someone's instruction unless they were a joint account holder, or had a POA or Deputyship. Someone had to setup the direct debit to the care home, for example. Who was that?


Likewise, I've known care homes to refuse to take any instruction from local authorities/family members, unless they has been a valid POA/deputyship in place for health and welfare, not just financial affairs.


I think that it's time that her daughter (as she seems to be picking up the reins now) ascertains this information, and gathers all previous information communicated by the home and the local authority. There may have been a failing here, or a simple miscommunication/misunderstanding. It's important to understand which before complaining.

euronorris

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/213138/NHS-CHC-Checklist-FINAL.pdf


This is the NHSCC checklist. If the daughter is able to get a copy of the assessment report, she can compare the results to the checklist. If she feels that the assessment is incorrect, it can be appealed.

euronorris

Also, you should be able to find the local authority funding rates on the local council site. It's worth bearing these in mind if you choose to move her, and checking with the home whether or not they would accept the local authority block bed rate once her capital is depleted. The last thing you want is to move her, and then have to move her again in a few years.

Keep_pedalling

For those reading this who do not have LPAs in place, please note the sort of mess not having one can leave your loved ones in, so please get your own done ASAP and if you have parents who are still capable of making their own decisions get them to do likewise.

And while you are at it sort your wills out as well.

euronorris

Keep_pedalling wrote: »

For those reading this who do not have LPAs in place, please note the sort of mess not having one can leave your loved ones in, so please get your own done ASAP and if you have parents who are still capable of making their own decisions get them to do likewise.

And while you are at it sort your wills out as well.

Excellent point.


This applies to adults of all ages, not just the elderly. A car accident, stroke, fall down the stairs etc etc can quickly leave someone mentally incapacitated, not just dementia.

Person_one

Keep_pedalling wrote: »

For those reading this who do not have LPAs in place, please note the sort of mess not having one can leave your loved ones in, so please get your own done ASAP and if you have parents who are still capable of making their own decisions get them to do likewise.

And while you are at it sort your wills out as well.

Very good advice, my parents and grandparents have both sorted LPAs this year, and I may even do it myself. I'm only in my thirties but you never know what might be round the corner.

BarryBlue

missusd wrote: »

I believe that she has been assessed for the NHS Continuing Care so far.

Social services have organised all of the assessments to my knowledge. The assessment was only carried out two weeks ago so I am not sure what else they are organising.

You are entitled to be involved with the assessment process, and to appeal at every stage if you think it has not been applied correctly. It is certainly the case that there is a default position to deny continuing NHS care, despite the evidence often being to the contrary. Look at the 11 categories yourself and see how you think they fit your relative compared to the assessment. It may surprise you.

My advice would be to look at getting some professional advice on this. There are organisations which specialise in getting the assessments done properly and providing advocacy at appeals. If you approach this with the attitude that the assessments are routinely denying people what they are entitled to, you won't be far wrong.

WeAreGhosts

Sorry, haven't had chance to read through the replies, but if no-one's suggested it yet .. please alert CQC to your concerns over the care home http://www.cqc.org.uk/

Have dealt with them recently and they have been very good.

missusd

Thank you all so much for taking the time to offer advice and links for help - I will pass all this information on.