Over 60 resident relative. How to avoid losing the family home to care home fees

Brynsam

MightyWhitey wrote: »

Thanks, but keeping this OT, the thread is about the rules and guidelines around over 60 residency rules to comply with the provision described.

Does anyone know?

Just living with her doesn't make you a dependent. Expect the council to take a cynical view of someone who moves in with the obvious intent (given your mother's age/state of health) of frustrating the sale of the property and claiming dependency. Very unlikely to work.

nigelbb

Simple. Sell your own house & move in with your mother then there will be no argument that her house is where you live & thus the house can't be taken into account when you put your mother in a council home.

Keep_pedalling

Moving in to provide support which will reduce the chances of her needing residential care = good idea

Moving in to avoid care fees, and possible have her end up a in over my dead body are home = very bad idea

Do you currently live in your own property?

elsien

Are you renting or do you currently own your own home and what are you planning to do with it?

FWIW, it's entirely possible that mum could see out her days at home with carers going in if neccessary. Do both of you want to share a house for x number of years for an eventuality that may never happen (morality aside.)
I know 80 year old parent and I would end up at daggers drawn if I moved in - plus she's planning to use the house to fund the best care she possibly can if the times come. It's not a family home because none of the children have lived there for 35 years. It's her home, not ours.

Keep_pedalling

nigelbb wrote: »

Simple. Sell your own house & move in with your mother then there will be no argument that her house is where you live & thus the house can't be taken into account when you put your mother in a council home.

It can under those circumstances. The OP could not be classed as dependant and has the means to buy a place of their own.

Middlestitch

nigelbb wrote: »

Simple. Sell your own house & move in with your mother then there will be no argument that her house is where you live & thus the house can't be taken into account when you put your mother in a council home.

I showed this exchange to one of my neighbours who is a local councillor. He snorted with laughter at the idea this approach would work, commenting that 'the council aren't quite as daft as this person seems to believe'. He pointed out that providing the council has taken account of statutory guidelines, they are perfectly entitled to use their discretion to decide whether or not someone has tried to deliberately deprive themselves of assets - and in this case, given the parent is aged 85, there would be 'no chance of sponging off taxpayers'.


He also expressed dismay at the number of grasping offspring he encounters who try this sort of approach, rather than concerning themselves with what is best for their aged parents - 'which isn't likely to be a council home, however hard we try to provide decent care and facilities'.

xylophone

The OP could not be classed as dependant and has the means to buy a place of their own.

The guidance merely indicates (see bold) - no need to be a dependant.

.... the value should be disregarded from the financial assessment if you no longer occupy the home but it is still occupied, in part or whole, as their main or only home by:

a relative of yours, or member of your family, who is:
 aged 60 or over, or
 a child of yours aged under 18, or  ‘incapacitated’.
They must have been occupying the property before you went into the care home. The disregard lasts until this changes, at which time it may be included in the financial assessment.

However, in the particular case of the OP, I think that the LA would be inclined to examine the circumstances very carefully for what is described later in the factsheet 38 as

move solely to protect a family inheritance (where a relative moves in after an owner has entered care).

lisyloo

A couple of issues.
If you move in you’ll be expected to provide some care e.g. making meals, drinks, giving medication and cleaning the house etc. Perhaps dressing.
If she needs toileting, help with showering then carers can be arranged and this would be assessed on only her income. I’ve done this assessment twice and found it generous at £300 per week I.e. she doesn’t have to pay if her income is below £15k (this is ball park as there are some personal elements to the assessment).

Perhaps this is a good solution for everyone concerned but do be aware you’ll be losing your own life when she gets to the point that she cannot be left alone for fear of falling.

Be aware that the type of establishments the local authothority pay for are sometimes of a very low standard and you might then be offering to sell her home anyway.

We visited many and some had residents who were cold for lack of a blanket whilst staff were chatting idly and we saw dressings hanging off, dirty toilets and smelt stench of urine.
We found a nice place for my MIL but it was beyond LA rate so we had to go to panel and fight to get her in there all the time facing pressure to pay a top up ourselves (we couldn’t due to number of parents we had).

If you are moving in when she’s 85 I don’t think you can be free of the worry of deprivation of assets.

I am a deputy for my MIL under the court of protection. My duties are to do what’s in HER best interest. This post is about what’s in the best interest of beneficiaries. It’s almost certainly in her best interests that the property is sold to provide her with the best possible care.

Albermarle

Has anyone faced or do they know of how this guideline is administered, so that proper planning can be considered?

It is not a very helpful answer but my own experience of dealing with various councils social work/finance depts. is that guidelines are applied haphazardly, and with varying degrees of administrative incompetence/confusion.

atush

Sell or give up your home. Move in with Mom. Help her (and hire home help as needed) and she may never have to go into a home.

If you sell, you can invest some of your or her money to make the house suitable as in install a downstairs shower room and bedroom. Making a property suitable for old age will not impact deprivation of assets rules. You living there will mean she doesnt need overnight care as you are there.

If she is currently in good health and not needing any care in the near future, then now is the time to do anything needed.

But i am with the above people who say, dont put her into local authority care- ie the worst home possible. Better to supplement the cost, or keep her in her own home as long as possible.

I'd rather no inheritance that have a parent in such a place.