Can the Council Force to sell house to pay for Care Home?

Pennine_Lady

Hi guys,


This is just a general speculative inquiry.


My Mum and Dad have left the house to me and my Brother in their will.


My Dad died a few years back and my Mum is getting older and increasingly her memory and faculties are fading.


When my Dad was around he realised his time was short so he had a Solicitor up and, together with my Mum, gave Lasting Power of Attorney to me and my Brother to handle all the financial affairs if needed.


I've just learned that a neighbour of mine just had all her money taken from her when her Husband had to be put into a home when his dementia became really bad. They took the money to pay for the care home. I understand that if they had signed it over to their son it would have been a different story.


My friend told me that the local council can make you sell your house to pay for care needs. I believe there are exceptions.

I'm just putting out feelers trying to find out about this possible situation arising.


Me and my Brother need to find out that if my Mum does needs to be in a care home with constant care will they make her sell the house to pay for it all? I have lived with them here in this house since 1977.


Due to a car accident in 2007 I'm currently considered as being disabled with limited capacity for work , I'm feeling very vulnerable.


Hope somebody can give me some advice.

BoGoF

Yes, it's a possibility.

In your neighbours case signing it over to the Son wouldn't have changed anything. It's called Deprivation of Assets.....google it.

elsien

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs38_property_and_paying_for_residential_care_fcs.pdf

Check the section on disregards to see if it applies to you.

ETA - link not working. Go to AgeUk and find the leaflet on property and care home fees. Everything you need to know is in there.

What is in mum's will is not relevant until she passes. What did your dad's will say about the property - did he leave it all to mum or did a share come to the children?

Caz3121

If there is enough money to pay for the care fees then you may not need to sell the property
Often at £800+ per week, people may not have sufficient funds to be able to pay the fees without selling their property
If you are over 60 the rules are different
AgeUK has some useful information (including why moving it into someone else's name does not work)
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/

xylophone

I've just learned that a neighbour of mine just had all her money taken from her when her Husband had to be put into a home when his dementia became really bad.

All her money? Unlikely.

And if she and her husband owned a property and she was living in it, the house should have been disregarded in the care fees assessment.

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

lees80

Sympathies for your current position re the accident. Appreciate why you would feel vulnerable, but you need to put your mums immediate needs before your own. It is her home, not yours - you have no automatic right to it. Your mum, on the other hand, is rightly entitled to the best quality of care she can afford.

There will be options available to you (social housing, relevant benefits etc) should the house need to be sold to fund her care.

brianposter

I seem to remember that the house cannot be used to finance your mothers care while you live there.
Some time spent searching the internet should find you the detailed rules.

AdrianC

Pennine_Lady wrote: »

My Mum and Dad have left the house to me and my Brother in their will.

My Dad died a few years back and my Mum is getting older and increasingly her memory and faculties are fading.

Your father's will would have left the home to your mother - or, if he didn't have one, she inherited it through the rules on intestacy.

Her will doesn't come into effect until her death.

When my Dad was around he realised his time was short so he had a Solicitor up and, together with my Mum, gave Lasting Power of Attorney to me and my Brother to handle all the financial affairs if needed.

If you have PoA over your mother's affairs, then you can act on her behalf - and you need to act in her best interests, as if she was still capable of acting for herself.

I've just learned that a neighbour of mine just had all her money taken from her when her Husband had to be put into a home when his dementia became really bad. They took the money to pay for the care home. I understand that if they had signed it over to their son it would have been a different story.

Chinese Whispers. If she was over 60 and still living in the home, it would have been disregarded for the purposes of his care. For her own care, yes, she will have to pay for her own care if and when she needs it.

And if she had have "given it away", that would have made no difference - there are laws in place to prevent depriving yourself of your assets.

My friend told me that the local council can make you sell your house to pay for care needs.

Do you think the council tax payers of your mum's area should subsidise your inheritance...?

elsien

You are all overlooking the fact that the OP may be disabled.

If they are living in the property with the mother before she goes into care and they are incapacitated (i.e. In receipt of or eligible for certain disability benefits) then there is a mandatory disregard.

hb2

brianposter wrote: »

I seem to remember that the house cannot be used to finance your mothers care while you live there.
Some time spent searching the internet should find you the detailed rules.

Not necessarily, it depends mainly on how old the OP is and the definition of 'vulnerable'.

elsien

Age isn't relevant if the disregard is due to incapacity.