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

Sea_Shell

Cakeguts wrote: »

It is a complex problem that needs to start with the OP finding accommodation of their own. They are not going to be able to continue to live there when mum dies or the brother will not be able to get his inheritance. The first thing to do is for the OP to source either by buying of through the council appropriate accommodation on the basis that they are going to become homeless when mum goes into residential care.



When mum goes into residential care her money from the sale of her house can be used to fund her new housing arrangements. It is her money to be used for her benefit. She could have spent it all on cruises instead she is going to spend it on herself and getting good care.



When mum dies what is left will be divided between the OP and the brother.

How many threads have there been recently with exactly this problem!!

Parents die and leave their house to multiple beneficiaries, whilst one still resides, without the ability (or willingness) to move out.

Messy.

kimm998

Sea_Shell wrote: »

The other problem is, even if the house is disregarded, Mum could be placed by the Local Authority into somewhere you're not happy with, in terms of location and/or level of care.

In these circumstances, it may well be that the "best interests of mum" IS for the house to be sold and her assets used for better care.

Obviously this will clash with what's best FOR YOU, but that shouldn't be your consideration if dealing as PoA.

I_Love_comps wrote: »

The answer is yes your local authority can force you to sell your mothers property - depending on her finances.

I know as I have had to do this for a very close relative of mine

i have the same problem which you talking about

lookstraightahead

How do people expect care to be paid for? Depending on your mums illness and her ability to stay at home, there are certain illnesses where short term care can be provided for.

Your mum is lucky/sensible to have her own home where she can use her funds to help with her care when she needs it.

With all due respect, it is her house and money, not yours.

AdrianC

lookstraightahead wrote: »

How do people expect care to be paid for? Depending on your mums illness and her ability to stay at home, there are certain illnesses where short term care can be provided for.

Your mum is lucky/sensible to have her own home where she can use her funds to help with her care when she needs it.

With all due respect, it is her house and money, not yours.

This. With bells on...

Or, to turn it around ever-so-slightly...

AdrianC wrote: »

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

bucksbloke

What you've been told is not true. Your mum cannot escape liability for care costs by giving it to you. She would have to sell it to you at the market value and still pay for her care. Social Services will ask to see lots of documentation and conduct checks before agreeing to pay care costs. They are wise to people who try to get the council to pay for their care when they have an asset that could pay. Its not worth it. Council's pockets are deeper than yours and legally they will fight all the way.

Mgman

Councils are well up on this sort of thing and all the tricks (giving it to a relative, signing it over to a relative, selling it to a relative for a £1) have been closed under deprivation of assets laws.  

I believe they've also now closed the putting it into trust loophole.

With the large sums of money involved, councils have long closed all the loopholes and get-arounds in this area.

Dineen33

lookstraightahead said:

How do people expect care to be paid for?

Try asking those who didn't buy a home. Those who used their capital to enjoy a higher standard of living for decades with no thought for their care.

The way people are being kept alive to live a miserable existence costing £000s is increasing, and I fully expect that the value of the home I bought will be gobbled up in care home fees(together with other investments).

I didnt amass a bit of wealth so I could rot in a care home, I did it to pass that wealth to my kids, I now face the prospect of having my every financial decision pored over by the expletive council who can decide whether my actions are/were permissible.

At  the end of the day, compared to my peers, I've been astute, frugal and hard working(throw in a bit of luck), we have pensions sufficient to live reasonably and wont claim benefits throughout our lives (apart from child benefit and MIRAS), all this while watching  peers buying flash cars, fancy holidays, gambling, booze, smoking,restaurant meals etc.etc.

It is nothing more than a 100% tax on financial responsibility.

My expletive council, through its pet housing association continues to build and maintain property for the local(and not so local) great unwashed, many of whom live rent free for decades, or at the very least heavily subsidised. I've paid full council tax since I was eighteen(like millions more), so I'll probably be chucking money in the pot for sixty odd years.

Rant over, sorry.

AdrianC

Dineen33 said:

lookstraightahead said:

How do people expect care to be paid for?

Try asking those who didn't buy a home. Those who used their capital to enjoy a higher standard of living for decades with no thought for their care.

...
I didnt amass a bit of wealth so I could rot in a care home, I did it to pass that wealth to my kids,

Is there anything else you think should be paid for by other people so that your kids can inherit a bit more of your money, rather than you actually spending it on your own life?

Food, perhaps?

Marvel1

Dineen33 said:

lookstraightahead said:

How do people expect care to be paid for?

Try asking those who didn't buy a home. Those who used their capital to enjoy a higher standard of living for decades with no thought for their care.

The way people are being kept alive to live a miserable existence costing £000s is increasing, and I fully expect that the value of the home I bought will be gobbled up in care home fees(together with other investments).

I didnt amass a bit of wealth so I could rot in a care home, I did it to pass that wealth to my kids, I now face the prospect of having my every financial decision pored over by the expletive council who can decide whether my actions are/were permissible.

At  the end of the day, compared to my peers, I've been astute, frugal and hard working(throw in a bit of luck), we have pensions sufficient to live reasonably and wont claim benefits throughout our lives (apart from child benefit and MIRAS), all this while watching  peers buying flash cars, fancy holidays, gambling, booze, smoking,restaurant meals etc.etc.

It is nothing more than a 100% tax on financial responsibility.

My expletive council, through its pet housing association continues to build and maintain property for the local(and not so local) great unwashed, many of whom live rent free for decades, or at the very least heavily subsidised. I've paid full council tax since I was eighteen(like millions more), so I'll probably be chucking money in the pot for sixty odd years.

Rant over, sorry.

Basically enjoy and spend while you can :-)

spender717

AdrianC said:

Dineen33 said:

lookstraightahead said:

How do people expect care to be paid for?

Try asking those who didn't buy a home. Those who used their capital to enjoy a higher standard of living for decades with no thought for their care.

...
I didnt amass a bit of wealth so I could rot in a care home, I did it to pass that wealth to my kids,

Is there anything else you think should be paid for by other people so that your kids can inherit a bit more of your money, rather than you actually spending it on your own life?

Food, perhaps?

I think it's more to do with there being the same rule for all rather than varying degrees of accountability. If you spend and get bailed out what's the incentive for those that are financially responsible but are penalised for it?
Obviously there will be exceptions, true disability etc but I think it can be hard to not feel resentful when you see either Big Wigs with their golden parachutes or MPs claiming for a toilet brush on one side and then the career benefit claimers on the other, whilst the Mr Joe Blogs in the middle struggles.