Withdrawal of NHS Continuing Healthcare

noclaf

I am under 60 so aware that if for example my mum went into care, it's highly likely that the house would need to be sold to fund her care fees and I assume dad's share of the proceeds from the property sale would also need to be returned to him . So this is something I am already thinking/preparing for as neither parent has capacity.
Out of interest should I be questioning the value in applying for a deputyship for my father given his appointee is an LA and how long it takes for deputyship to be granted? Just wondering if it's worthwhile the time, effort and expense at this stage?

Keep_pedalling

noclaf said:

I am under 60 so aware that if for example my mum went into care, it's highly likely that the house would need to be sold to fund her care fees and I assume dad's share of the proceeds from the property sale would also need to be returned to him . So this is something I am already thinking/preparing for as neither parent has capacity.
Out of interest should I be questioning the value in applying for a deputyship for my father given his appointee is an LA and how long it takes for deputyship to be granted? Just wondering if it's worthwhile the time, effort and expense at this stage?

That is difficult to know. I would want to have deputyship if he had significant savings, but if it just his income they are managing or his life expectancy was short,  I would be more cautious at it is a long winded and expensive process. 

theoretica

I think you need to find out what justification they had for making that decision.  Is it that none of his care now is for his mental needs, or that they ignored the 117 continuing care?

JGB1955

Your father will be able to claim Attendance Allowance if he is paying for his care home fees.

noclaf

Potentially my father my have significant savings that have built up over time from his pensions but without any legal oversight of his accounts I don't know for certain.
Agree on the point re Attendance Allowance..though Il need to check if he is still eligible while in care as I think they call it something else for people in care.
Re the decision on withdrawal of CHC, they don't mention s117 being disregarded. They use a matrix style scoring system and if you don't have a high enough score on enough tiers then you are deemed as not qualifying. If I was being cynical I'd say this system which was overhauled in 2018 is basically a wishy washy method that looks for ways to remove people from funding rather than actually focusing on their care needs but hopefully I am mistaken.....either way thanks all for your input as there are plenty of useful questions to ask.
It is a tough decision to make on the deputyship as it's a long winded route but the only available one and given he is frail and in his 80's (had a heart attack a few years back) this is making me question whether I bite the bullet with the deputyship or not, my mother's could take upto 9 months to be granted so you can understand why I am questioning it.

theoretica

Looks to me as though they may well have conveniently forgotten the s117 and a firm reminder would be worth while.

Savvy_Sue

Your father is too old to claim DLA, but as mentioned AA may be possible (or whatever it's called for people in care. 

You say that the review said he would now receive NHS Funded Nursing Care (FNC) - do you know how much that is worth, as compared to the CHC? 

If your father is still under a section, then it does appear they have forgotten that fact. If the section has been lifted, then I think CHC is no longer automatic. 

May be worth searching this board for CHC because there was a long thread about appealing refusal. I believe people have used solicitors with experience in this field to good effect. 

elsien

I doubt very much father is still under under a section.
The 117 after care doesn't automatically mean that housing will be automatically paid for but it's a complex area so may be worth getting further advice. If his health needs have changed and he needs support for areas which are different to when under section, then it wouldn't apply. But you should have been asked for your feedback as part of the DST as dad lacks capacity and you can challenge the decision without having a power of attorney in place.
Ref the finances - the appointeeship only allows the LA to manage benefits/state pension so they may already have applied for attendance allowance. It does not give them any authority to access his savings or any private pensions. If there are savings, private pension and a property you would be well advised to apply for financial deputy ship. It cam take months due to delays at the CoP and if the house does need to be sold for any reason while dad is still alive you need the deputy ship to do it.
Ditto mum, if she is not able to do LPA.
If self-funding, dad can pay any top up until his assets hit the 23.5 K mark, after which they may request a third party top up. You are under no obligation to agree. The home and LA would then try to reach a compromise on fees but if they can't manage this then the last resort would be for dad to move somewhere cheaper. 

Flugelhorn

theoretica said:

Looks to me as though they may well have conveniently forgotten the s117 and a firm reminder would be worth while.

I thought s117 overode the CHC and hence funded care should continue (might have got that wrong though)

Vegastare

Just two things can you Dad feed himself or does he need to guided or fed by another as he could have the possibilty of choking and second you need to find out the reason for withdrawing continuing care and what improvement has lead to this.
Either way if there is improvement(goodness know how) you need to dispute this and with regard to my first point, if your Dad has a risk of choking if not feed due to cognative reason etc then this in itself is one of the points of continuing care.
I can't really comment of the funding side and your parents home, but my focus firstly would be to get help to appeal maybe speak with Mind or look at there site as there maybe charities with knowledge to advise