Elderly Dad having to go into home

MeteredOut

Are there any restrictions on sale of the property since the HA owns the other 60%? eg, any age restrictions?

There was at least one thread recently where there was challenges around a property sale due to such a restriction, though I recall that was in relation to service charges and not seeling to pay for care (i've not managed to find it yet).

elsien

The housing association will have restrictions around the resale of the property given  that they still own part of it, but that would apply anyone who was selling on, whether the person was in care or not.

Savvy_Sue

It might be worth working out if he's more in his right mind at some times rather than others. For example, if he usually knows who you are in the morning, that would be the time to discuss Power of Attorney. You'd need a Certificate Provider, and I don't know if anyone at the hospital would be able to do this, but ask if, in their opinion, he would have 'capacity' to do this.

Note that he doesn't have to have capacity all the time, just when he signs the forms!

And if they say no, it's gone, you can crack on with Court of Protection. 

And I've seen a limited Power of Attorney mentioned which gets you through a crisis  - was that you, elsewhere,  @elsien?

elsien

It was but that was a general power of attorney and is only for people who have capacity so not likely to be of any use here. It would fail if he had fluctuating capacity.  Its purpose is more for people going abroad (for example) and need someone to handle things while they are away. 

As a general rule, if there might be queries/challenges about the validity of an LPA due to capacity issues that is one time when it would be worth paying for a solicitor to do it properly. I do know of cases that have gone to the OPG where there have been concerns about how much the person understood, particularly their right to say no or to nominate someone else other than the person who is pushing for it. 

GDB2222

I did a LPA before I had major surgery, and my recollection is that there’s a delay of 8 weeks before it can be used. 

gm0

Sounds like a tipping point is reached sadly.

Capacity to sign a POA - health or finance - is important to do before capacity is demonstrably lost.  Where you are on this is specific to his medical condition now.

Visit some.  Get prices.  Try to pick if there are options in the chosen area in travelling range for visits - on staff attitude and what you hear, see and smell - not in general on how modern the facilities/building are. 
If unfamiliar with care settings these initial visits are a shock to many.

Money - there are some benefits changes. AA. And spending drops right off.  No council tax. 

Dig out the agreement - understand the HA process for the house in this scenario. 
And the selling of it to end rental outgoings.  Important but not the most urgent thing. And a clear and sell decision will be tough for your father as it is for all families. Many people live in denial for a long time and try to keep homes and cars and all sorts of things which will never be used again until their hand is forced.

One urgent item is also to remember that most house insurance is only valid if the place is occupied or regularly visited. This needs care with the policy and basically requires the regular visits and record keeping to support any future claim.  So that a big claim is not rejected on the "unoccupied" and did not tell us clause. 

Keep_pedalling

It sadly sounds like it is too late to arrange a LPA, so it will be necessary to go down the deputyship route. 

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