Dad going into residential care, no LPA

RnK136

Our 86-year-old Dad has been in hospital for several weeks and is about to be moved into care as they say he cannot go home, even with a care package.

They have diagnosed him with delirium and lacking capacity.

We have no LPA (he would never have understood it, nor agreed to it).

He has savings and owns half of his house (my Mum left her half directly to me and my Brother in her will).

How will access to his money to pay for care be organised? or selling the house, if it comes to that?

Will we have to get a Deputyship? and at what point in this process would that be needed to start?

Can we do this ourselves, or should we get a solicitor? I am quite savvy and did Mum's LPA before she died myself, and also her Probate and estate after she died.

I am reading on here Deputyship takes months and months...

Feeling lost. Don't know what should be started, or when.
 
 

jlfrs01

Some banks will allow access to a relative's accounts on a temporary basis but that's discretionary - you can only ask. Otherwise it is a matter of applying to the Court of Protection for Deputyship, probably with help of a Solicitor to ensure everything's above board.

I went through something similar with my father when he was transferring from his flat to a care home. In your position I would speak with the care home and explain the situation, I think they will be quite used to this sort of scenario and will be happy to wait. I doubt very much if they'll move to force a house sale as there is no suggestion that payment won't be forthcoming. 

RAS

Speak to the social services at the hospital and ask for an assessment.

The initial cost of the care home will be covered by the hospital but after a few weeks he will become self funding. In the absence of cash to pay his care home fees, this should be covered by the local social services until such time as you can get deputyship.

The cost will have to be refunded either from Dad's funds or from the sale of his share of the house.

They can also advise on getting deputyship.

Keep_pedalling

You will need to get deputyship, but it is long winded and expensive. Care costs can be deferred, as you are not in a position to have access to his bank or sell the house. The house may be the biggest issue as you could have it sitting empty for a long time.

Speak to his social worker who will have experience with this sort of situation.

OutdoorQueen

Someone with more knowledge will be able to advise more, but I thought you could apply to be an Appointee first.  This may allow you to sort out some matters for your Dad, eg benefits, whilst you wait for Deputyship via Court of Protection to be granted, which can take many months.  Appointeeship is normally quicker.  There is probably a Carers Association in your area or a Carers Hub, and they will be able to advise further ( or correct!  ).   

https://www.gov.uk/become-appointee-for-someone-claiming-benefits

At a guess, Adult Social Care will do an assessment to identify your dad’s needs, and pass this information to the care home,  and Adult Social Care should be able to advise you further.  

elsien

People can make a recovery from delirium although they can also stay confused.  One of my clients was discharged to a care home in very similar circumstances and regained capacity several months later. However, I would suggest starting the deputy ship process now. If he regains capacity, it can be cancelled.

in the meantime, you can apply to be his DWP appointee for state pension /any other benefits so he has some money. If he is likely to be self funding, then he can claim attendance allowance.

If the property needs to be sold in the future to realise his share towards care home cost, the local authority can do what is called a deferred payment agreement while things get sorted.
age Uk have some very good fact sheets around paying for residential care et cetera.
is he in a discharge to assess health bed? That means that a decision still needs to be made about his funding, whether it will be health or social care/ himself? 

I would also point out that Hospital with confused people tend to say 24 hour care as the default setting. Do you think it is possible that your dad could return home with a lower level of care, because if that so it should be considered.

RnK136

elsien said:

People can make a recovery from delirium although they can also stay confused.  One of my clients was discharged to a care home in very similar circumstances and regained capacity several months later. However, I would suggest starting the deputy ship process now. If he regains capacity, it can be cancelled.

in the meantime, you can apply to be his DWP appointee for state pension /any other benefits so he has some money. If he is likely to be self funding, then he can claim attendance allowance.

If the property needs to be sold in the future to realise his share towards care home cost, the local authority can do what is called a deferred payment agreement while things get sorted.
age Uk have some very good fact sheets around paying for residential care et cetera.
is he in a discharge to assess health bed? That means that a decision still needs to be made about his funding, whether it will be health or social care/ himself? 

I would also point out that Hospital with confused people tend to say 24 hour care as the default setting. Do you think it is possible that your dad could return home with a lower level of care, because if that so it should be considered.

Yes, he is going to discharge to assess soon as they find somewhere.

This is 3rd time in a year that he's been in hospital. After the 2 previous stays of several weeks, each time he was sent home with a care package. It didn't work. He refused to let them into the house so eventually they just gave up and here we are (again), but mental state is worse this time and he's now double incontinent amongst other general care issues.

He doesn't get any benefits. People keep mentioning attendance allowance to me. I assume I need to be the DWP appointee first before trying for that?

Yes, was considering giving Age UK a call.

elsien

If he gets a state pension, then you can apply to be the appointee for that, and  make the application for attendance allowance. It’s not means tested and your dad will certainly qualify for something..

https://www.ageuk.org.uk/globalassets/age-uk/documents/information-guides/ageukig49_attendance_allowance_inf.pdf