care home

fledge

Mr partner had a stroke in August and we're looking at a care home. My partner is 58 and needs a lot of care. I bought a place to do up and sell on without mortgage in 2021. She has a house without mortgage. We live in her home and my property is on the market to sell. We do not share finances in any way like banks and I am not named on her house deeds. Does anyone know the legality surrounding care costs and if she would need to sell to pay even though currently I live in the home but pay council tax currently on the property I am hoping to sell? Would I also be responsible for her care costs even though we don't share any financial stuff at all?
Any help would be helpful. 

Keep_pedalling

If is unlikely that you living in her house would be a reason that a local authority would automatically discount the house where any financial assessment takes place as you are not financially dependant on her and you have your own property. 

elsien

Who is the “we” who is looking at the care home? Are the  local authority involved at all? 

She may benefit from a care needs assessment if she hasn’t had one already. Is she already having carers at home?

How old are you, as that will affect the situation.
No,  you personally won’t be responsible for her care costs but you can’t expect to sell your own house, live in  hers and then get still all her care paid for.  Her house is an asset, which may well need to be realised if she does need care. Who is paying the council tax really doesn’t come into it.

https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/

fledge

We have always lived in her house for the last 18 years. I bought a property in 2021 to do up and make some money. This property was on the market before she had a stroke but I removed it as it was all too much at that time. I realise her house is an asset but we have lived here for such a long time. I am 52. 

youth_leader

I am very sorry your partner had a stroke.  Unfortunately as you are not married, or in a civil partnership, I do not think you have any rights to stay in the house.

Have you been in touch with this organisation?  Might be able to offer some up to date advice?

Benefits and financial help after a stroke | Stroke Association

elsien

youth_leader said:

I am very sorry your partner had a stroke.  Unfortunately as you are not married, or in a civil partnership, I do not think you have any rights to stay in the house.

Have you been in touch with this organisation?  Might be able to offer some up to date advice?

Benefits and financial help after a stroke | Stroke Association

I'm not sure about this. The guidance says partner - it doesn't specifically reference a civil partnership as far as I can see and 18 years together in the house would seem to put up a strong argument that this is a longstanding partnership.
OP, I would still strongly advise you that your partner has a care act assessment if you've not already had one. The local authority won't pay for residential care if they assess that she can manage at home with support and doesn't need 24/7 residential care. You don't want to be in a position where the two of you choose a care home and are liable for paying the bill if she can't afford to do so. 
There are some helplines here.
When the council might pay for your social care - Social care and support guide - NHS (www.nhs.uk)

Has she had a CHC assessment to determine whether her needs are primarily health or social care - having had a stroke doesn't automatically make it a health responsibility if her needs are primarily personal care, meals etc.

whatsthenews

elsien said:

Who is the “we” who is looking at the care home? Are the  local authority involved at all? 

She may benefit from a care needs assessment if she hasn’t had one already. Is she already having carers at home?

How old are you, as that will affect the situation.
No,  you personally won’t be responsible for her care costs but you can’t expect to sell your own house, live in  hers and then get still all her care paid for.  Her house is an asset, which may well need to be realised if she does need care. Who is paying the council tax really doesn’t come into it.

https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/

Nobody gets all of their care paid for by the LA when they're receiving it in a residential setting. 

whatsthenews

This is what the law says 

If you enter a care home permanently, your interest in your existing ‘main or only’ home is usually taken into account as capital.
However, the value should be disregarded from the financial assessment if you no longer

occupy the home but it is still occupied, in part or whole, as their main OR only home by:

⚫ your spouse, partner, former partner, or civil partner, except where you are estranged

Seems to suggest that you as the partner may be able to have another property , as long as her home is your main home. 

The other question is whether your partner meets the criteria for self funding  ie does she have savings over the £23,250 threshold for the LA possibly paying for some of the costs ?

Forgetting about the house ,if her assets are above the threshold and she's likely to be able to self fund for a year or two at least , then you don't need to involve the LA , ie your partner doesn't need to submit to a financial assessment. 

In that case then you sell your property before any Financial assessment of your partner takes place and continue living in her house/ your home.
 

Best to keep the LA financial team at bay for as long as possible, plus considering  they can't take the house whilst your living in it , you perhaps could use the money you make to put towards fees, thus extending the self funding period. 

If your partner still has capacity and you haven't already done so , I suggest you set up LPAs and make wills. 
Do either of  you have any children ?
Be aware that when/ if the time comes for you to need residential  care , they'll then be able to come after the property to fund your partner's care , or should she no longer be alive, your care.  

If you want to protect the property it might be advisable to put your name on the deeds now. 
That way you can split the property as an asset 50/50 and make wills leaving the halves of the property to who you wish ,rather than your partner.
Doing this means that the LA can only ever take into account the half owned by the person who needs care.