Care home fees - what do I do?

Sea_Shell

izoomzoom said:

74jax said:

Was the money given to purchase a property?  I would expect the LA to place a charge on that property so that when it sells the LA get a repayment back for the care home fees they have paid.  I'm not sure if the LA will take a monthly payment from the person who owns the property - so that the amount on against the house decreases each month.  
Be completely honest with the LA, it helps you have proof it was a loan and is to be repaid.  Hopefully the LA will pay the care homes fees whilst waiting for the property to sell.  

I believe it was used to redevelop a property that had been purchased (by relatives grandchild). The house might be in her name, or a business name (imagine grandchild will be a shareholder).

So if I've followed this right, your Mum lent a substantial £££ to her relative (sister maybe?) who has then gifted/lent this same money to her grandchild for renovations on their own home.

Out of interest, does your mum have a will and who are the beneficiaries?  It's just you did mention that they felt this money was an "advance" on an inheritance.

izoomzoom

Keep_pedalling said:

 As you do not have LPA in place it is likely that the LA will need to take over her finances as a corporate appointee. If that happens then you won’t really need to get involved in recovering the debt, as far as fees are concerned. If it is still outstanding when she dies then it will fall to her executor to sort.

I understand what you are saying, although I am executor, so this sort of comes back to me again (I do know I can walk away from executor role).

izoomzoom

Sea_Shell said:

As I've read it the BANK didn't make a loan, they just allowed OP's mum to make a substantial withdrawal (transfer).   It was on the basis that the money was being used to buy a property, and it was a loan as repayments had commenced.

OP - Did a property actually get purchased with this money, and whose name is that property now in?     The relative initially lent the money, or their offspring (so the money may have since been gifted down the chain).     Effectively gifting money to a TP that they owe to your mum?!?      

If it turns out that that is the case can the LA still put a charge on that property, if it was not party to the original loan?

I know it's going to be hard OP, but in the circumstances you really shouldn't have to pay any care fees out of your own pocket, either in full or in top ups.    Is that really what this is about?

It was a bank transfer between Mom's account and relative / relative's offspring.
I believe a property was purchased, but I don't know whose name it is in (I suspect my Mom's grand-niece), but it could also be in a business name (wouldn't surprise me). I did go and see the house, after it had finished being refurbished, but I could also not tell you where it was (don't know area at all) - although I might be able to find pictures on FB.

What is TP?

Relative owns a property, although I believe it is half owned by relative & relative offspring. 

I know I won't have to pay care fees, (and no way can I afford to), but this is my Mom, and she deserves to be cared for at this time. I've been her FT carer for the last 3.5 years. Its her money, and she needs it now.

izoomzoom

Sea_Shell said:
So if I've followed this right, your Mum lent a substantial £££ to her relative (sister maybe?) who has then gifted/lent this same money to her grandchild for renovations on their own home.

Out of interest, does your mum have a will and who are the beneficiaries?  It's just you did mention that they felt this money was an "advance" on an inheritance.

I am the sole beneficiary of my Mom's Will. The grandchildren of my uncle have basically milked him for all they can get. I'd like to believe he is genuine in giving the money back, but he doesn't seem to have access to it. (He is elderly too). He has started to repay it. My mistake, is I should have pushed for this years ago, but I left things idle and now my Mom needs her money, so I have to get pushy about trying to get (some of) it back.

Keep_pedalling

You can check who owns the property through the land registry.

https://onlinelandregistry.org.uk/?utm_source=Google&utm_medium=cpc&utm_campaign=AdWords&kw=property%20register&mt=p&gclid=EAIaIQobChMI7vWmgtyg7QIVgp7tCh0AzQ0eEAAYASAAEgIsUPD_BwE

Sea_Shell

izoomzoom said:

Sea_Shell said:
So if I've followed this right, your Mum lent a substantial £££ to her relative (sister maybe?) who has then gifted/lent this same money to her grandchild for renovations on their own home.

Out of interest, does your mum have a will and who are the beneficiaries?  It's just you did mention that they felt this money was an "advance" on an inheritance.

I am the sole beneficiary of my Mom's Will. The grandchildren of my uncle have basically milked him for all they can get. I'd like to believe he is genuine in giving the money back, but he doesn't seem to have access to it. (He is elderly too). He has started to repay it. My mistake, is I should have pushed for this years ago, but I left things idle and now my Mom needs her money, so I have to get pushy about trying to get (some of) it back.

Thanks for that info, it does clarify things.    What a horrible position for your family to have put you in.

Unfortunately, it sounds like the money is gone/spent.    Yes, your uncle still owes your mum, but is only able to afford minimal payments, (from his pension?)

I don't see how you or the local authority can get this money back.

TP means third party.  Someone other than your uncle, so in this case his grandchildren.   

Maybe others will have another idea.

badmemory

I can't remember if you said but do you live with mum & if so are you over 60?

izoomzoom

badmemory said:

I can't remember if you said but do you live with mum & if so are you over 60?

My Mom has lived with me for the last 3.5y, on and off for the period of 2y before that, and abroad before that. I am not over 60.

izoomzoom

Sea_Shell said: Yes, your uncle still owes your mum, but is only able to afford minimal payments, (from his pension?)

He is paying more than state pension, so there is money. He has mentioned paying what would be the weekly amount needed for Mom (which is 3x what he has been paying monthly), so again there is money, but obviously not the lump sum. He has a house too, although I seem to think that his child has some ownership in it.

Sea_Shell

izoomzoom said:

Sea_Shell said: Yes, your uncle still owes your mum, but is only able to afford minimal payments, (from his pension?)

He is paying more than state pension, so there is money. He has mentioned paying what would be the weekly amount needed for Mom (which is 3x what he has been paying monthly), so again there is money, but obviously not the lump sum. He has a house too, although I seem to think that his child has some ownership in it.

Would he agree with the LA to pay mum's (his sister's) fees directly and be guarantor if necessary?