Potential separation of elderly parents…advice please

elsien

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

1. Individually, as a rule. Joint savings are considered to be owned 50/50. Although if everything was in one person’s name (or had recently been shifted over) that would merit further investigation of marital assets. 

2. I don’t know. It may be in the fact sheet. 

3. Grey area. Would be decided at the time of the assessment. Different authorities view in different ways but there was a case where it was considered to be DDA. It may depend on the circumstances and when it was taken out. A bit of a difference between it being bought when the person was healthy, and being taken out the week they go into care. For example. 

lisyloo

Molly56 said:

Thanks for all advice so so far

Just a couple of questions

1. if looking at social care and means test assessment do they look at capital (savings and investments) as a total for the couple or individually if just one party is going into care. 

Say one party had an investment in their name of £6000 and joint savings of £10000 is this simply added together to total £16k or split as £11k / £5k…..is the Investment effectively  deemed to be jointly owned for purpose of means test. 

2. Is it correct that any life insurance policies are not included as capital for means test assessment

3. if £4000 were paid to take out a funeral plan could this be deemed to be deprivation of assets 

1. Individual. Don’t forget income though. The amount in your example is £5k.

2. Life insurance is not an asset. Ive done it twice and I don’t believe it was included.

3. I’d say if that was taken out shortly before an assessment for a person with low assets then it would look highly suspicious. If it was done before they knew they needed care then it would be ok, but £4K is a lot for someone with not much in the way of assets to spend so would appear suspicious.

Molly56

What happens if an attorney is not acting in accordance with the lasting power of attorney in terms of mental capacity and in the donors best interests. Can that person be removed and the other attorney carry on or does removing that person make the POA null and void.

TBagpuss

Molly56 said:

What happens if an attorney is not acting in accordance with the lasting power of attorney in terms of mental capacity and in the donors best interests. Can that person be removed and the other attorney carry on or does removing that person make the POA null and void.

If the donor still has capacity, they can do a partial deed of revocation revoking the apoointment ofthat indivual.

If they have lost capacity, thn you can contact the Office of the Public Guardian. They can investigate and the court of Protection has the power to remove an attorney of they are satisfied that they ae not acting according to their duties . There are a range of steps that can be taken - the OPG may simply issie advice to the attorney, they can freeze accounts if necesary and ultimately a court could revoke the POA or make other orders .I am not sure whether they can  partially revoke but if not they would still be able to revoke the POA and appoint a deputy instead, so it's possible that the other attorney would b appointed as depuity instead of as attorney, which would still allow them to manage the donors affairs.

Brie

If they have a joint account then normally the split is 50/50 at a specific date (according the assessment we've just been through) with a look at any large payments made in the last 6 months.  Then they will allocate income to the one individual unless the other has always been dependent on it.  So if dad has a pension but mom doesn't then she is dependent on his pension and it would be considered partly hers in the assessment.  

No authority will insist on an 80+ yo moving out of their home.  It doesn't matter how it is owned, joint, tenants in common, whatever.  They will not want to make someone homeless so your dad won't have to move no matter what.  So don't bother with equity release.  If the council do want something to pay towards mom's care they may (or may not) put a lien on the house up to 50% of the value.  This would only get paid to them if/when dad went into care himself and the house was sold to pay for that.  

london21

Sorry you are in such a situation, Must be a difficult situation to be in.

Communicate with the man to understand what his wishes are.

Difficult to know if the woman has the capacity to make such decisions.

I suppose social services or some sort of professionals will also have to get involved to reach the best outcome for both.