Elderly care home funding?

billybonds4

I'd just like to point out before I explain the nuts and bolts of it. We as a family thought the estate would fund the circumstance set out below. But via two sets of friends of the family, who have been through similar situations. It is suggested, this may not be the case?

My aunt is 92. Owns her own home (no outstanding debt) and has over the allowance of 23.5k in savings.
In January 2020, she fell and fractured her hip. She was kept in hospital then a rehab/therapy unit. All on NHS. With the emergence of corona virus, her rehab unit was converted into a covid unit and my aunt was moved to a care/nursing home without any consultation of the family.Though until march of 2021, it was funded under the gov covid pathway. As she needed full time care.
During a very short spell at the home, my aunt lost her mental capacity. We had no POA and recently started to get the relevant paperwork together for a deputyship application. But based on the questions we now have, have halted the process.
The whole time my aunt has been in the care home. The finance department has tried to harass us about whether she had savings, owned a property etc. And tried to get family members to sign as gaurentee for payments.
The weekly fee is £1400 approx and the local authority has promptly offered up a contribution of I believe in the region of £180 per week.
However, it's been brought to our attention. That as she was put into a care home by the local authority. And now bed ridden and suffering with extreme certified dementia. She cannot by law be removed from the home. And as the local authority made decisions to place her in a care home without the consultation of the family. It is their responsibility to fund it. As we are not in the position to as a family. And at this stage have no jurastiction over her finances.
A family friend had a couple of years battling but won this point in a similar situation with his father who was placed in a secure unit due to extreme dementia.
I'm aware that the local authority will often try to claw money back from estate in situations where the property is occupied by a spouse etc, once no longer occupied and with interest. But this is usual when the family have no choice but to ask for help in admitting a family member into a home.
I wonder if anybody has any experience/expertise in this situation. Or advice on what legal advice we should be looking for.

Many thanks for your time.

Keep_pedalling

The fact that the LA made the decision to place her into a care home does not mean she is entitled to NHS continued funding. Without a LPA in place the only family likely to be consulted would be a spouse or children and even then the patients well being comes ahead of anything else. 

billybonds4

Keep_pedalling said:

The fact that the LA made the decision to place her into a care home does not mean she is entitled to NHS continued funding. Without a LPA in place the only family likely to be consulted would be a spouse or children and even then the patients well being comes ahead of anything else. 

My aunt has no spouse and sadly was unable to have children.
I think being notified of her move is down to NOK, not LPA.
But that's not the issue I guess. 
Thanks for your reply. May I ask how you would know the LA are not responsible to fund?
Kind regards!

McKneff

I think the difference is 
She needs full time care but she is not ill and needing nursing care

billybonds4

McKneff said:

I think the difference is 
She needs full time care but she is not ill and needing nursing care

Thank you for kind reply.
But forgive me, I don't quite follow?
I did actually forget to write. She is completely bed ridden and has a chronic kidney failure.

Keep_pedalling

billybonds4 said:

Keep_pedalling said:

The fact that the LA made the decision to place her into a care home does not mean she is entitled to NHS continued funding. Without a LPA in place the only family likely to be consulted would be a spouse or children and even then the patients well being comes ahead of anything else. 

My aunt has no spouse and sadly was unable to have children.
I think being notified of her move is down to NOK, not LPA.
But that's not the issue I guess. 
Thanks for your reply. May I ask how you would know the LA are not responsible to fund?
Kind regards!

NOK does not have any legal status as far decisions about the health or safety of a vulnerable person are concerned. At the same time NOK have no responsibilities in managing that persons finances.

The LA however do have a responsibility to care for vulnerable adult. It is very difficult to obtain NHS funding for dementia patients, and if no nursing care is required it is impossible.

billybonds4

Keep_pedalling said:

billybonds4 said:

Keep_pedalling said:

The fact that the LA made the decision to place her into a care home does not mean she is entitled to NHS continued funding. Without a LPA in place the only family likely to be consulted would be a spouse or children and even then the patients well being comes ahead of anything else. 

My aunt has no spouse and sadly was unable to have children.
I think being notified of her move is down to NOK, not LPA.
But that's not the issue I guess. 
Thanks for your reply. May I ask how you would know the LA are not responsible to fund?
Kind regards!

NOK does not have any legal status as far decisions about the health or safety of a vulnerable person are concerned. At the same time NOK have no responsibilities in managing that persons finances.

The LA however do have a responsibility to care for vulnerable adult. It is very difficult to obtain NHS funding for dementia patients, and if no nursing care is required it is impossible.

Thanks.
I was referring to us not being notified she was no longer in the hospital when we turned up.
She does actually need full time nursing care. I missed out in OP. But added above. She's bed ridden and has
Chronic kidney failure.
Do you have experience or knowledge in this field. And suggestions who we could talk to other than LA.
Kind regards 

fryedslyce

You might find the below websites of interest, securing continuing care funding can be complex and specialist help will garner the best results.

https://www.farleydwek.com/faqs/
https://caretobedifferent.co.uk/

billybonds4

fryedslyce said:

You might find the below websites of interest, securing continuing care funding can be complex and specialist help will garner the best results.

https://www.farleydwek.com/faqs/
https://caretobedifferent.co.uk/

Fantastic. Thank you 

boxa

Hi BB4, I'm glad I stumbled across you post as my situation is remarkably similar re a family member being moved out of a ward and into a care home due to COVID (she was in hospital following a knee replacement and was struggling to regain mobility), but she was in perfect mental health while in hospital but since then she has deteriorated massively mentally (probably due to the isolation and no fault of the care home) and now has been diagnosed with dementia.
The really frustrating thing is, since we have been able to visit over the last few weeks, her mental health has picked up.
Anyway, we have also been told she has to self fund and, if I'm being honest, we just feel it's a shame that her house will be sold to fund the care and want to avoid this situation if we can.

I'm afraid I will likely not be able to contribute much as it appears you are more knowledgeable than me, but I will be watching this post to see if I can gain some information to help. 
Thanks in advance and good luck,
Boxa.

billybonds4

boxa said:

Hi BB4, I'm glad I stumbled across you post as my situation is remarkably similar re a family member being moved out of a ward and into a care home due to COVID (she was in hospital following a knee replacement and was struggling to regain mobility), but she was in perfect mental health while in hospital but since then she has deteriorated massively mentally (probably due to the isolation and no fault of the care home) and now has been diagnosed with dementia.
The really frustrating thing is, since we have been able to visit over the last few weeks, her mental health has picked up.
Anyway, we have also been told she has to self fund and, if I'm being honest, we just feel it's a shame that her house will be sold to fund the care and want to avoid this situation if we can.

I'm afraid I will likely not be able to contribute much as it appears you are more knowledgeable than me, but I will be watching this post to see if I can gain some information to help. 
Thanks in advance and good luck,
Boxa.

👍
Will keep you posted hopefully.