Both Parents removed to a care home.

AnotherJoe

I suspect social services financial body remit will be to get the maximum amount of money for SS, not you/your parents. However maybe I'm being cynical and they can eat least help you with claiming whatever benefits are due.

If there is a chance that one parent could go back in the house then you wont have to sell. If that is ruled out then expect pressure to sell and self fund.

I'm not sure you need a solicitor, more someone that understands this whole area. I'm sure there are dementia forums where this is bread and butter you are probably advised to go to one of those. Also look up the alzheimers society I'm sure their website will have a lot of info. ... try here as a starter https://www.alzheimers.org.uk/info/20032/legal_and_financial

fiscalfreckles

Haven't social workers been assigned to help you? If not, I would go down that route, or ask how to contact them at one of the care homes, you should be getting correct advice and help on this. I'm sure the person who advised you not to sell was well-intentioned, but everyone's circumstances are different and both of your parents should be entitled to a full financial assessment and then you, as POA, given advice.
Good Luck with it all, I've been through a similar situation with my in laws, and it can be a long winded and frustratiing process to work out what's best. But everyone is different, and each local authority can have different rules and procedures, so the best advice I can stress is to get proper advice tailored to your family.
I wouldn't involve a solicitor unless the advice you receive is to do so.

Keep_pedalling

I can't see any benefit of hanging on to the house, which unless rented out will be nothing but a drain on your parents finances. Renting is not going to provide sufficient income to meet double care costs, and for you managing an empty property is just another burden on you at an already difficult time so better to sell up ASAP.

atush

I dont see you will have a choice with both of them going in.

I would sell and then look into immediate care annuities or self fund until their cash drops below the level for self funding.

xylophone

If your parents are not eligible for continuing care, then they will be self funders.

It is unlikely that the rent from the property (together with their savings) will cover 2 sets of full fees - the fees of somebody I know will increase to £65000+ per annum in April.

You will have the hassle of being a landlord, keeping a budget for repairs, doing tax returns etc as well as visiting both parents, keeping track of their individual budgets bank accounts etc.

As far as I can see you would be better advised to sell the property?

You might wish to investigate an immediate needs care annuity for both.

I think that there are only three providers now and your adviser would obtain a quote from each.

http://societyoflaterlifeadvisers.co.uk/

http://ukcareguide.co.uk/immediate-care-annuity/

3card

I also forgot to say that throughout my Moms process i was have been asked if i had power of attorney for her which i did. Im not sure what different it may have been of i hadnt got this.
If you dont have this in place and your parents are still able to give you a LPA it may be worth looking into this.

Also a while ago someone gave be a link which i was told was an helpful organisation so it may be worth checking them out

http://www.careaware.co.uk/why-contact-us

HTH

Mojisola

kgldsun wrote: »

Sadly both parents owning there own home have had deprivation of liberties imposed and placed in different care homes. (dementia and cannot be together)

I have Power of Attourny.

I have no experience of this but should your parents be paying for care if they are under a DOL order?

3card

Mojisola wrote: »

I have no experience of this but should your parents be paying for care if they are under a DOL order?

Many apologies but i hadnt picked up on the DOL statement

Excuse my ignorance but what exactly does this mean?
I have googled it but didnt find an answer

AnotherJoe

Pretty sure it means its legal to lock them up in the care home even if they express a wish to leave, if so that means that dementia-wise they are pretty far gone, because there is (IMNSHO) far too much leniency given to people with dementia to wander off and injure themselves so for this order to have been given means they are not in a good state.
Happened to my dad. And a nightmare to get an order even though he was, to anyone with more brain cells than a snail, not safe to be allowed to go off by himself. (when my dad had this it was called "sectioning" I think the terminology has changed now)

Alice_Holt

I'd be very wary of acting on the advice of one individual.

As others have said leaving the house empty seems counterproductive.

I'd suggest trying the following organisations for better advice:
CAB
https://www.citizensadvice.org.uk/about-us/how-we-provide-advice/advice/
Age uk
https://www.ageuk.org.uk/contact-us/information-and-advice/
Carers uk
http://www.carersuk.org/help-and-advice
Alzheimer's society
https://www.alzheimers.org.uk/
https://www.alzheimers.org.uk/info/20032/legal_and_financial/129/deprivation_of_liberty_safeguards_dols

This may be relevant:
http://caretobedifferent.co.uk/who-pays-for-care-when-someone-is-sectioned-2/

"Dementia, care funding and the Mental Health Act
Severe dementia often goes hand in hand with challenging behaviour. When someone needs full time care because of these needs, they should have an assessment for NHS Continuing Healthcare, and all their care needs should be taken into account. (NHS Continuing Healthcare is full funding for people who need full time care primarily for health needs.)

As a separate thing, if a person’s behaviour and/or mental health poses threat to themselves and/or to others, that person may also be ‘Sectioned’ under the Mental Health Act.

Being Sectioned means the person is effectively detained, either in hospital or in another kind of care facility (including a care home) for everyone’s safety.

The person will be detained under Section 3 of the Mental Health Act, and the care they need (known as aftercare) relates to Section 117 of the same Act. This care is often known as ‘Section 117 aftercare’.

So who pays for care when someone is Sectioned?
In a nutshell: Clinical Commissioning Groups (CCGs) and local authorities pay. The individual should not be charged.

However, there are several things to keep in mind…

Under Section 117 CCGs/NHS and local authorities are obliged to provide free care until the Section is lifted.
This free care relates to the needs arising from the actual mental disorder or cognitive impairment that led to the Section. It applies to people with or without dementia who have, for example, challenging behaviour or who are a risk to themselves.
The person may have additional care needs that are not related to the Section – and these needs should be assessed separately, for example via the NHS Continuing Healthcare process, just as they would be if no Section were in place.
The budget for Section 117 aftercare is not the same as an NHS Continuing Healthcare budget.
Regardless of whether the 117 aftercare services are provided by the CCG or the local authority, this 117 care should never be means tested.
There is no long funding assessment process for 117 aftercare services (unlike with NHS Continuing Healthcare where the process can be extremely drawn out). Instead, if a person is Sectioned, the relevant care is funded by the state – and that’s that.
All other Continuing Healthcare rules remain the same, regardless of whether a Section is in place. Also, just because a person is in receipt of 117 aftercare does not mean NHS Continuing Healthcare funding can be ignored for additional needs.
The availability of 117 aftercare services doesn’t mean that everyone with severe dementia and challenging behaviour will automatically receive free care. There needs to be a Section in place first, and this is a separate thing to Continuing Healthcare. However, the two can run in parallel.
Even if a Section is lifted, the person still doesn’t necessarily have to pay for care just because they have savings. As in all cases, it depends on a person’s health needs first and foremost. The NHS’s duty to provide funding for nursing care – and its duty to assess all needs properly – still applies, and no Section should be lifted without proper re-evaluation beforehand.
If your relative is currently under a Section, and that Section is then lifted, be sure to check this has been done with full and proper review and reassessment. If you suspect the Section has been lifted to force your relative back into means testing, be sure to complain.

In addition, if you find that a Section has been conveniently lifted the day before an NHS Continuing Healthcare funding assessment, question this thoroughly."