Who pays for social care ?

Mojisola

SevenOfNine wrote: »

Which is the 'better' way for husband/wife to own their home IF either was to eventually need a care home, in order to protect the asset for the one still living in it, Joint Tenants or Tenants in Common?

Sorry if this is a bit vague. Perhaps someone has a decent link to a simple explanation!

As Catswhiska said - the house wouldn't be counted if the other partner still needed it to live in.

AgeUK has some good information on the subject.

SevenOfNine

Mojisola wrote: »

AgeUK has some good information on the subject.

........Of course Mojisola, I suggest them myself sometimes then completely forgot when it came to info for me! :beer:

Grable

I hope this never happens, but ...

My husband and I are joint owners of our house and have willed it to each other in the event of death. I am aware that, if one or other of us had to go into care, the remaining person would keep the house and it wouldn't be included in calculations for payment for care. But what if, for example, I went into care and my husband wanted to sell this house and buy something smaller or nearer to our children? Would he have to give my half of the sale to pay for my care? Or could he use the whole to buy a new property?

Keep_pedalling

Half of any equity released would be counted, but if the new property cost the same then there would be none released. The new house would still be jointly owned because you cant give your assets away when you are already receiving care.

Do you have LPAs in place? It would be difficult to downsize without one if one owner no longer had capacity.

krysiatennis

I hope you have sorted. As others have said Top up fees can ot come from a persons savings. Also if you were to transfer the savings to pay fees this would be deprivation of assets.
As your mothers needs are very great ie requiring oxygen and heart condition She should be fast tracked for full CHC funding in which case all her fees would be covered.

sitesafe

I was going to say the same as the others about CHC which my mum was assessed for but didn't receive. She was part funded and part self funded but here needs were increasing. She didn't pass the assessment. I believe it's not easy to get but wish you luck

sitesafe

I should add her assessment for CHC was 'fast tracked' and she wasn't end of life care and that was a year ago so it could also be this scenario and not necessarily end of life care. Best speak to care home officials to determine.

Pilsthedoeboy

Hi all, hoping that someone can help?

Following the death of my father a few years ago, his half share of the family home was left to me and my son as trustees with the purpose of allowing my mother to live in the property - she owns the other half of the property as tenants in common or holders in undivided shares. When mum passes I will become the beneficiary under the trust of Dads half share of the house and will also benefit as sole benficary under mums will re her half share of the house, so ultimately the house comes to me.

There is now a possibility that Mum May need to go to a care home permantly and as her savings are likely to be found/judged to exceed £23250, im guessing that when the means test is carried out she will have to fund her own care home fees, initially from savings.

I understand that the LA can only value the family home for what a willing buyer would be prepared to pay for half a house AND the LA will need to provide evidence for this sum ?

I am in the process of waiting for Mums lasting power of attorney to be returned from the office of the public guardian allowing me and my son to look after mums financial affairs.

The house is located in a desirable area, actually in a unique location and if it was legally possible, my wife and I would be interested in paying off the LA the sum that is used as the value of Mums share in the means test and then take on the house as our new home and make several alterations to improve it.

Can anyone tell me if this is possible legally bearing in mind the existing trust re my late dads share and my mums which Im not due to own until she passes ?

If the above is not possible, could we let the house and seek to come to an agreement with the LA re monies owed and paying them rental income ?

If we sold the house would the LA be entitled to mums full share or only the value as per the means test- ie what a willing buyer would pay for half the house ?

I dont know much about these deferred payment schemes - might the LA force us in to one of these and again would it be for the extent of mums full share or only the value as per the means test ?

This whole business is such a minefield and anyone out there who might be able to give me some general help in this matter would be appreciated. I fully understand that I will need to seek formal legal advice if mum goes into care, but if I have an idea where I stand before starting it would be a great help.

Many thanks in advance to anyone who can help.

badmemory

If she is self funding & the care home is getting paid the LA won't become involved until the money begins to run out. Don't forget that she will most probably entitled to the higher rate attendance allowance which should help eke out the savings. If you move into the house will you be in a position to fund the care home? I think you would be wise to talk to a solicitor as trusts can be funny things, you also cannot be thought to be taking advantage of the POA, but make sure you have it not the LA.

Larac

I would recommend you go and look at a number of CH's in your area and get a feel for the costs (and facilities) as they do vary in price. My Mum was in one before her death in November 17 and hers were £3K every 4 weeks but there were others in the area that were £6K every 4 weeks. The very expensive ones are all very nice but once your drop out of self funding, the LA's will only pay a set amount and there can be hundreds of pounds a week shortfall, which the families are expected to pick up if you want your loved one to remain in the home. It is a complete nightmare the whole social funding - but as a family you do need to work out what you can afford and match it to the home that offers the facilities and care needed for your loved one.