Nursing home fees query - will shortfall of fees need to re-paid to council? (Mindfield!)

elsien

A deputyship is not that amount of money, although using a solicitor to do one would bump up the cost.

https://www.gov.uk/become-deputy/fees

If the property  is jointly owned he would need deputyship to be able to to deal with her half of it if he wanted to sell while she was still alive. If he’s not planning to sell, and she has no other assets, it’s probably not necessary at the moment because there is an ongoing cost. Is he her appointee for her state pension, as bar the £25 personal allowance that should be going towards her care. 


 If the house has been taken into account in the financial assessment for some reason, then he really needs a challenge that via a formal complaint.

ETA if he does sell now while his wife is still alive, then I think her share would start to be taken into account. Have a read of 5.5 in the link that I posted which covers that situation. 

Mojisola

janthemum said:

He will now go to the land registry to clarify this 'marker' that he calls it but now we are suspecting it is a charging order, which he has been advised by downloading the title register, so that is now No. 1 in the plan, to first gain clarity on this.

When Dad went into care, we had a deferred payment scheme set up with the council because we had to sell the house before we could pay for his care and the council put a charge on his house to be sure that the debt would be paid - but that shouldn't apply in the situation you describe.
There was also an old charge on his property dating back to when Mum and Dad had a grant to install a disabled bathroom - the time limit for repayment had run out but the charge hadn't been removed so it's worth checking exactly what the marker is for.

peb

One further point, if any application was put on at the land reg all legal owners would be notified.