Selling house for elderly care?

Sn00py

My elderly aunt has been diagnosed with none specific dementia and I was made power of attorney (this is not registered yet) around 2011. Is there any way of avoiding having to sell her home to pay for her care if it is needed in future?

As a supportive family unit we were thinking of getting another relative to move in with her to provide full time care but if we do this when the time comes (if it comes) for her to go into a specialist care home would we still have to sell her home and evict the person living with her?

Pixie5740

Sn00py wrote: »

My elderly aunt has been diagnosed with none specific dementia and I was made power of attorney (this is not registered yet) around 2011. Is there any way of avoiding having to sell her home to pay for her care if it is needed in future?

Why shouldn't your elderly aunt pay for her own care? Do you not want her to be able to sell her home to fund the best possible care for her?

Sn00py wrote: »

As a supportive family unit we were thinking of getting another relative to move in with her to provide full time care but if we do this when the time comes (if it comes) for her to go into a specialist care home would we still have to sell her home and evict the person living with her?

Who are you being supportive of, your aunt or those of you who wish to benefit from an inheritance?

xylophone

If the relative has now become mentally incapable of managing her own affairs you will need to register the PoA.

https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/do-i-have-to-sell-my-home-to-pay-for-care/

AdrianC

Sn00py wrote: »

My elderly aunt has been diagnosed with none specific dementia

Having been through this with my father (Alz + vasc + Lewy), I can heartily recommend this book.


The "non-specific" diagnosis will get firmed up later, for whatever it's worth...

and I was made power of attorney (this is not registered yet) around 2011.

Get them (I assume it's both health and financial) registered ASAP.

Is there any way of avoiding having to sell her home to pay for her care if it is needed in future?

How she pays for her care, when needed, is not in any way specified by the law. When it's needed, she will need to pay for it, though. Does she have any other assets?

The local authority will not (and should not) be paying for the care of somebody who owns a substantial asset.

As a supportive family unit we were thinking of getting another relative to move in with her to provide full time care

Do you/they have the slightest idea of what is likely to be involved...?

but if we do this when the time comes (if it comes) for her to go into a specialist care home would we still have to sell her home and evict the person living with her?

Depends if you've got any better ideas for paying for the care home fees...


Let's face it, once she needs substantial care, she does not need that house. Her home will change. If you, or another family member, want to provide her with the liquid assets to cover her care costs, the easiest way to keep the house in family ownership would be to buy the house from her. Does anybody in the family actually want that house for themselves? Can they afford to buy it?

tlc678910

Hi,
A property can be disregarded if it is occupied by a relative over 60
https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/do-i-have-to-sell-my-home-to-pay-for-care/

But I'm not sure if this would stand if the person living there had not been a long term arrangement - could be seen as contrived to avoid the fees.

As power of attorney it is your responsibility to act in your aunt's best interests - no one elses. I wouldn't say it is in your aunt's best interests to not be able to pay for or top up her care fees and tso she can only receive the most basic level of care home despite having assets.

If someone (e.g. relative, social worker, care home) has concerns that you are exploiting your power of attorney for your own or others gain and not acting in your Aunt's interests they can report you to the court of protection and your power of attorney can be removed. If a power of attorney acted dishonestly it could also be a police matter so document and keep records of your transactions.

Tlc

Cakeguts

I don't really understand what your problem is. When someone moves home they sell the one that they are living in in order to buy the next one. In your aunt's case she will sell her home to pay to live in the next one. Once she is living in the next one she will not return to the one she is living in now. That is all totally normal.



The money from her house is totally her money to be spent on her only. She owns the equity in her house she is entitled to have that money used for her care. It is her money and her care.

Rambosmum

tlc678910 wrote: »

Hi,
A property can be disregarded if it is occupied by a relative over 60
https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/do-i-have-to-sell-my-home-to-pay-for-care/

But I'm not sure if this would stand if the person living there had not been a long term arrangement - could be seen as contrived to avoid the fees.

As power of attorney it is your responsibility to act in your aunt's best interests - no one elses. I wouldn't say it is in your aunt's best interests to not be able to pay for or top up her care fees and tso she can only receive the most basic level of care home despite having assets.

If someone (e.g. relative, social worker, care home) has concerns that you are exploiting your power of attorney for your own or others gain and not acting in your Aunt's interests they can report you to the court of protection and your power of attorney can be removed. If a power of attorney acted dishonestly it could also be a police matter so document and keep records of your transactions.

Tlc

We've had this and if the person has moved in to provide care then the cared for has been placed in residential care the remaining resident has been made to pay full market rent or move, unless the care can be paid other ways (for example savings or by a third party funder).


Even if the above does not happen in your LA, they will place a charge against the property and the property will have to be sold to recoup that charge once your relative dies.

parkrunner

Sn00py wrote: »

My elderly aunt has been diagnosed with none specific dementia and I was made power of attorney (this is not registered yet) around 2011. Is there any way of avoiding having to sell her home to pay for her care if it is needed in future?

As a supportive family unit we were thinking of getting another relative to move in with her to provide full time care but if we do this when the time comes (if it comes) for her to go into a specialist care home would we still have to sell her home and evict the person living with her?

If Aunty is self funding (sells house) then her care home will be far nicer than a council funded one. Surely you want that for her?

AnotherJoe

Sn00py wrote: »

My elderly aunt has been diagnosed with none specific dementia and I was made power of attorney (this is not registered yet) around 2011. Is there any way of avoiding having to sell her home to pay for her care if it is needed in future?

As a supportive family unit we were thinking of getting another relative to move in with her to provide full time care but if we do this when the time comes (if it comes) for her to go into a specialist care home would we still have to sell her home and evict the person living with her?

One single person cannot provide 24 hour care. It should be pretty obvious why not.


If the (by now ragged and exhausted and likely ill) relative had nowhere else to live then the council would put a charge on the house for care fees which woudl come into play when they died or left.

need_an_answer

If you are planning to get a relation to live in full time to care for Aunt how are they going to live?

Presumably Aunt will pay them a wage as they will have no means of gaining employment whist looking after her needs and carers allowance if applicable doesnt support a person.


Do not underestimate the job of caring for aunt it may start off reasonably easy but it is far more than one can usually manage hence the need for a care home or something similar.


Having been through it and knowing the costs involved with parents I genuinely say that whilst I did my best for around 6 years,the year my mother spent in a nursing home prior to her death at a cost of many thousands of pounds was the best ever for her and the rest of the family who simply enjoyed the time we all had left together...….

lisyloo

parkrunner wrote: »

If Aunty is self funding (sells house) then her care home will be far nicer than a council funded one. Surely you want that for her?

We visitied about 20 care homes last year.
Many of the homes within LA budget were in overmydeadbody territory and if like us you really are a caring family then that will mean someone in your family giving up their job and undergoing hardship to look after the person 24/7 rather than putting them in somewhere horrible.



We also experienced the LA trying to put my FIL in a different home to my MIL to save money after they'd been married 60 years.


In both cases we fought hard. So we got a decent home for MIL and FIL in the same place but we were lucky that "bed blocking" for which the LA would get fined worked in our favour as they didn't want a lengthy draw out process and conceeded to us.



But be aware that finding somewhere within LA budget especially for someone with complex need e.g. dimensia is a real challenge.


I would advise her paying and putting somewhere nicer.
Sadly by the time she gets there it's unlikely she will be paying for very long.
Note that she can get care at home in the short term and her home would not count, only her income and I found the calculations generous e.g. allowed about £300 per week before having to pay for care. That would be the first step as her needs increase.