Care home deferred payment

I hope I am in the right area the question is about my mum.

She has dementia and at the moment in a hospital because they found her wandering the streets, she was assessed and I was told she could not go home although we already had all the care in place Carers and alarms and told social we thought it not safe. So we saw a solicitor and started court of protection which he said could take 6 months I was sent an email by the hospital social to say they would find a care home this was on Tuesday, then received a call saying the manager of the care home would take her on Friday, so we went to look at the home very nice when I asked who was paying for it she said she did not know. When contacting the social all they said is it would be paid under the deferred payment scheme but having looked into this it says it is lent on the property which she owns, but not on the land register. but as she has dementia she cannot sign, and we have no power of attorney so we cannot sign, so is this correct. I am so stressed and worried that they will move her to the care home and we will have to find the money but we have very little or shall we put our house up, then pay them back once we have court of protection I seem to be stuck.
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  • xylophone
    xylophone Posts: 45,556 Forumite
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    When contacting the social all they said is it would be paid under the deferred payment scheme but having looked into this it says it is lent on the property which she owns, but not on the land register. but as she has dementia she cannot sign, and we have no power of attorney so we cannot sign, so is this correct.

    You will need to explain the position to the Council.

    You will not be able to do anything about her financial affairs until you have "deputyship" which may take several months.

    See https://www.moneyadviceservice.org.uk/en/articles/deferred-payment-agreements-for-long-term-care

    You may need to undertake "first registration" of the property in due course.

    https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time
  • elsien
    elsien Posts: 35,578 Forumite
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    edited 23 October 2019 at 9:17PM
    You are not liable for her bills. You may be asked to pay a third party top up: you are under no obligation to agree to this.
    Any expenses your mother incurs would come from her money/assets, not from yours which is why payment is deferred until the legalities are in place.
    When you say you are going to the CoP, is this for the decision as to where she lives, is it for financial deputyship, or is it for both?
    Age Uk have some helpful fact sheets and also an advice line if you need further support.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Savvy_Sue
    Savvy_Sue Posts: 47,168 Forumite
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    Another useful source of information is the Alzheimers Society.

    I understand that if someone is sectioned (which sometimes happens with dementia) then the costs are paid under Section 117 (of the Mental Health Act 1983)

    There is also NHS continuing care: it's notoriously difficult for someone to qualify for this, but worth looking into.
    Signature removed for peace of mind
  • Thanks you for the suggestion for Age UK their leaflet explained it very well made me feel a lot better
  • Thank you all for the wonderful help, the social hospital discharge team called to say mum would not be moving Friday because the paperwork was not in place and they apologised for this despite all the anguish and stress I have been feeling. She asked if I could go in today and sign the paperwork but did not indicate what I would be signing, despite what they say would it be better to let my solicitor look at it.
  • If you feel you are being rushed into signing something you don't understand and need time to consider, then don't sign anything today. Just try and get more information out of them as to exactly what is proposed.
  • xylophone
    xylophone Posts: 45,556 Forumite
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    You are not responsible for your mother's bills.

    Do not sign anything that you do not understand.

    You could ask for copies of the documentation and ask your solicitor to look at it before you consider signing.

    Your mother's house is empty and it appears that there is no prospect of your mother's returning to it. Do you need to advise the insurer and also the Council re council tax?

    Presumably her water/electricity/gas/phone bills are taken by DD from her bank account - as she is not there, usage will be minimal but is there enough in her account to service the bill?

    You will need to check on the State Pension situation. Was she in receipt of Attendance Allowance?

    You can ring Age UK for help.
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
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    I wouldn't worry about it too much, care homes/social services are used to this situation and there won't be any issue waiting for the paperwork to be completed and the house sold. It'll vary per borough but I'd generally expect social services to pay the fees until the house is sold, at which point they'll recover the money.

    I agree with the others, don't sign anything you don't understand. It's likely to be the admittance form and possibly a financial assessment (has this already been done, given they know about the house?) but could potentially include a third party top up form which you make you liable for part of the fees.
    elsien wrote: »
    You may be asked to pay a third party top up: you are under no obligation to agree to this.

    That's true, although the OP needs to be aware refusal to pay this may jeopardise the placement. However the care home may well be willing to waive the fee given it's only for 12 weeks but that's entirely down to them.
  • I am really glad I posted on here you have all been very helpful, I have been searching the internet for answers and all I get is adverts, but come on here with such a wealth of knowledge and it makes everything so much clearer I will be signing nothing today, thank you all.
  • I_Love_comps
    I_Love_comps Posts: 2,416 Senior Ambassador
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    Angie200963 I was in your situation a few years ago, with my mom.


    I had to apply to be a deputy(court of protection) and it was going through while she was in hospital.
    1. The local council in the area where your mother lives should pay for the nursing homes fees until you gain the court of protection.
    2. If your mother has over £23, 500 in savings and owns a property then she most probably will have to sell her property to fund her care.
    3. I used a solicitor to gain court of protection to gain access to my mothers finances and it only took 4 months. If your mother does own any property , you must inform the solicitor as the for court of protection for selling a property is about £400.
    4. If your mother does not have the assets, then I believe you may have to pay a top up fee or she may have to go into a cheaper nursing home. Top up fees can be up £100 per week.
    5. Regarding your mothers bills. If they are not paid by direct debit . Then I suggest you contact each provider and inform of your mothers situation. They will only note your call, but once you are deputy then you can send the documents in to each one.
    6. Most of my mothers bills I paid after I became a deputy. Some I had to pay and I paid myself the money back when I became a deputy.
    7. Also remember if your mothers house is empty you will need to have unoccupied home insurance.
    8. If your mother is still in hospital a doctor will need to sign a form to say she does not have mental capacity, push for this to be done while she is in hospital, or it may cause more delays getting your court of protection.

    Hope this helps
    ILC
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