Council charge

Sawrus

Konark, it was home care 4 times a day for 30 minutes!!



The under the 23k thresh hold is as far as I know for savings not if you owe your own home

Keep_pedalling

Sawrus wrote: »

Konark, it was home care 4 times a day for 30 minutes!!


The under the 23k thresh hold is as far as I know for savings not if you owe your own home

This makes little sense, how can they charge for home care when she was in residential care?

If it was home care then yes her home is disregarded, but not if she was in residential care with her home unoccupied.

Savvy_Sue

Sawrus wrote: »

"Are you sure there is not a charge on the property?" I doubt there is a charge, its get a bt complicated as the deeds to the house are in my relatives Aunts name (The property was left to them in the Aunt's will, back in the 70's)

It doesn't matter what the deeds say: the house clearly no longer belongs to the deceased aunt, and if it was left to your relative in the aunt's will, then it belongs to your relative.

It would be worth sorting this out sooner rather than later if you are going to sell the house: look on the Land Registry website and you should be able to find out who is on the deeds and whether or not there is a 'charge'. There is a small fee to obtain the full details.

Were they living alone in that house before they went into residential care? If not, who was living with them, what was their relationship to your relative, and how old were they when relative went into residential care? This isn't me being nosy, it makes a difference to whether or not the value of the home is taken into account.

Keep_pedalling

Sawrus wrote: »

Sorry Bogolot

"Are you sure there is not a charge on the property?" I doubt there is a charge, its get a bt complicated as the deeds to the house are in my relatives Aunts name (The property was left to them in the Aunt's will, back in the 70's)

I don't live in the UK, so I'm afraid I find it a bit difficult to get my head around some of the wheres and why fores

More confusion, was this transfer done after she died? The house cannot pass to a beneficiary if it needs to be sold to pay estate debts whatever the will says.

Yorkshireman99

Sawrus wrote: »

Konark, it was home care 4 times a day for 30 minutes!!



The under the 23k thresh hold is as far as I know for savings not if you owe your own home

You really must get some paid for professional advice rather than relying what people on here say. Local authorities often allow legally unqualified staff to raise charges that need to be robustly challenged. From what you say you lack the knowledge to do this on your own.

troubleinparadise

OP - Your posts are confusing.

Did the aunt own the house?

If she was in residential care for several years, why would she be charged for home carer visits, and why haven't you asked the Council for clarification about this?

Who has been looking after aunt's house since she went into residential care, and who was dealing with her finances during this time?

You say you are the administrator but live abroad - who is dealing with your aunt's property and assets here in the UK? Do you have an attorney to handle things for you in the UK?

Quite simply, I suggest you need legal advice as this all sounds a complete muddle.

BobQ

OP,

Have a read of http://www.ageuk.org.uk/home-and-care/care-homes/paying-for-permanent-residential-care/

I agree you seem confused as to whether this is residential care (in a building that looks after the elderly) or home care (that is care in someone's own home from a carer who came in daily)

Saavy Sue is right that you can check with the Land Registry to see if your relative owns the property (and if there is a charge) or if it is owned by someone else. However, note that if the property has been in the family for decades it may never have been registered so the Land Registry will have no record and will not have been able to accept a charge on it.

But if your relative was in residential care either she had more funds than the capital limit and would have needed to pay for the care from her assets or the Council will have paid for it. If she did not own the house it is difficult to see how they would have included its value in her capital. Unless of course she told them it was her house in which case they would have expected her to sell it (or secure a charge on it) which should have unearthed the exact ownership.

Probably worth gathering the information and asking the Council but ultimately you are likely to need professional advice.

Sawrus

BobQ, et Al, sorry for the late reply. Ok lets start again, it was actually a self contained flat for elderly residence (something like Anchor homes) I've only just found this out as I thought it was a care home. Hence the council charge for the carers coming in.
Re the aunt's property, it is not registered with the Land Registry, as I've already checked. The deeds which I have relate to the Aunts, Aunt owning the property this is dated 1935, which included some land (that was sold in 1952 and all that information was added on the original deeds from 1935 about the sale of the land) I have since found out that it was left to my aunt in the Will of their Aunt. So yes my aunt did own the house per se, it was just never registered.
There was no other income other than her Goverment pension, which paid for the flat (there is nothing owing on this)
I have asked for all the information from the council to be sent. I just want to get all my ducks in a row before I go to a solicitor. Thanks again for all the help

Sawrus

Hi Savy_Sue

The Land Registry has no details of the property, it was never registered. The original deeds are from 1935 and an 1953 addition when she sold land. It was bequeathed to my Aunt in their Aunts will (Which I've only just found out)

Not at all you being nosey - for-armed is for-warned
Yes the Aunt was living alone before she went into a self contained flat for the Elderly (my mistake I thought it was a care home) hence the council charging for the carers. The Aunt was 87 when she went into the flat

See this is what I can't understand, I know the Council can take a "Charge" on the property, but its not registered so how could they?? also the house is un-inhabitable, so how could the Council use it as a Charge (if that's the correct term)
Thanks again

Land_Registry

Sawrus wrote: »

See this is what I can't understand, I know the Council can take a "Charge" on the property, but its not registered so how could they?? also the house is un-inhabitable, so how could the Council use it as a Charge (if that's the correct term)
Thanks again

Imagine all property is unregistered therefore a charge cannot be put on the property - correct? No
If property is unregistered then you can protect interests (inc charges) with the Land Charges Registry - see PG63.
The PG explains how someone or an organisation can protect such interests in unregistered property - may help to line those ducks up but as you already appreciate this is something to get legal advice on