Paying for mothers care home when joint owner

UKSBD

A friend of mine lives with his mother in a property they own 50 - 50


She is in hospital at moment but they want to discharge her.


She currently receives care at home but is getting to the stage where she will have to go in to a care home.


How is her 50% value of the property taken in to consideration?


Can my friend be forced to sell the property to release his mothers 50% to pay for the care home?


edit to add he is 54 so I don't think the mandatory property disregard will apply

Larac

The question which is likely to be asked is how did the home become a 50/50 split? Did the Mum gift her son half the house and if so when as the question of deprivation of assets would come in to question.

UKSBD

Larac wrote: »

The question which is likely to be asked is how did the home become a 50/50 split? Did the Mum gift her son half the house and if so when as the question of deprivation of assets would come in to question.

It's ex-council house which they have both lived in for 50+ years.


They purchased it 20+ years ago in joint names at the time of purchase.


As she has been so ill for past 10+ years I've told him to look in to NHS Continuing Healthcare rather than go by what the local authority says.


Judging by the amount of equipment she had had supplied to her (wheelchairs, stairlifts, ramps, oxygen tanks, etc,) I wouldn't be surprised if she was already on it but he doesn't know.

xylophone

Did the son buy his interest or was it gifted /willed?

Assuming mother is not eligible for Continuing Care, the likelihood is that while the LA could not require your friend to sell his home, it would want to take at least 50% of the value of the property into consideration when setting up any "deferred payment" plan ?

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs10_paying_for_permanent_residential_care_fcs.pdf

Above may be of interest.

UKSBD

xylophone wrote: »

Did the son buy his interest or was it gifted /willed?

I don't know exact details but she has never worked, he has all his life and he says although it is 50 - 50 he actually bought the property

xylophone wrote: »

Assuming mother is not eligible for Continuing Care, the likelihood is that while the LA could not require your friend to sell his home, it would want to take at least 50% of the value of the property into consideration when setting up any "deferred payment" plan ?

I've read (and told him to read) about deferred payment.
Can it be deferred until after he sells the property or dies?


If they want it within a specific time frame he will have no choice but to sell.

xylophone wrote: »

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs10_paying_for_permanent_residential_care_fcs.pdf

Above may be of interest.

Thanks, I'll send the link to him


I personally think she must already be on NHS Continuing Healthcare and have told him to find out for sure.

Mojisola

UKSBD wrote: »

A friend of mine lives with his mother in a property they own 50 - 50

How is her 50% value of the property taken in to consideration?

AIUI, the share would have to be valued at the market rate - and that's practically nothing because who would buy half a property that the other owner lives in?

He may need to take advice from a solicitor who specialises in these matters if the council values it differently and tries to put a charge on the house.

Larac

The LA could present the OP with a 12 week disregard notice and then expect the CH fees to be paid on deferred charging plan. Unfortunately the Alzheimers Society forum (Talking Point) has a number of these threads on the subject.

Agree that Solicitors advice needs to be sought. With regards to CHC funding, this can be very difficult to get - (My Mum was on fastrak CHC funding as she was terminally ill and died before it came through)

TELLIT01

He definitely needs to get legal advice. Friends had major problems with the Local Authority which I won't go into, but basically the LA were making all manner of demands for payment from the daughter which had no basis is law.

UKSBD

Thanks all for the replies.
I will pass on the information to him.