Mother going into care,owning half the house question
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Its also the NHS breaking their guidelines on assessment when they should do them, AND advise people of their rights and processes available without asking, and the NHS charter is not about degree's of illness!
Forget what should be and focus on what is, such as: -
http://www.nhscare.info/
and in particular
http://user28153.vs.easily.co.uk/nhscare/stevesq.htm
The way this matter is abused is totally disgusting!!!!!!!!!!!!!!!!!!!!!!!
If the processes are carried out correctly, fairly, clinically, by the right people as dictated there should be no need for any appeal, but the ability to pay is far to often what is considered.
Believe me I know, as my Mother was basically KICKED OUT of a mental hospital because they couldn't handle her, which is a joke in itself as if they couldnt cope how could severity be an issue, the minute they found out she had her own property!!!!!!!
She was also assessed by one PCT as legible for CHC then moved and denied it by another, WHAT A DIABOLICAL SHAMBLES, the legislation applies to the NHS IN TOTALITY NOT INDIVIDUAL PCT'S, and there should be no need for the endless appeals, and waste of public funds, to get an individuals legal rights!!!!!!!!!!!!!!!
http://www.theargus.co.uk/news/9660925.Family_win_battle_with_NHS_over_dementia_bill/
http://www.dailymail.co.uk/money/article-1254996/The-Great-Betrayal.html
http://www.thisismoney.co.uk/money/pensions/article-1609498/Elderly-long-term-care-How-avoid-cope-costs.html
Now tell me who is misleading who and whether or not this could be a landmark case, as it clearly IS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Unless you've experienced it ticktack dont give a one sided opinion, unless of course you work for the NHS, or maybe your MINTED????????????
Landregistry
But it's perfectly OK for you to give a 'one sided opinion' - or to be more accurate have a 'rant'.
You've already started one thread with the link to the ITV.com story - don't hi-jack someone else's thread with it as well.
And the number of exclamation marks and question marks you put into a post doesn't make your point any more valid.
As ticktack says, you don't know if the OP's Mum will be assessed as qualifying for NHS funded care.
Wow! In 2 posts, this has gone from being a possible landmark decision to being a clear landmark case.
Just because you think it should be a landmark case doesn't mean it is.
From what I've read, it's you who are misleading people, not ticktack.
Also from what I've read, it seems all PCTs aren't doing the assessments in the same way.
In essence, it can be a postcode lottery - just the same as getting ordinary treatment on the NHS can be.
I do agree that that is wrong and PCTs should be made to assess cases in the same way so that 2 identical cases get the same decision, regardless of where in the country they are.
But it doesn't mean that ALL PCT decisions are wrong.
The links you gave show people who won their appeals. Not every PCT decision is wrong and therefore not everyone will will get funded care.
Michele336
As others have advised, I would start your own thread, it makes it easier for posters to give advice to each specific issue instead of it all getting mixed up.
I have been in exactly the same position as you. I am 34,my mother has just (well November) gone into a care home with dementia. We bought the house jointly in 1999 although I didn't actually put any money in to in, just paid the mortgage for the last 13 years.
I had to show that I had paid the mortgage (or a portion of it) through 3 years of bank statements. I had to provide proof that the mortgage/house was in joint names. It took 3 months but I finally got the letter saying that the house would not be taken into consideration when sorting out the care home fees, but that if I sell it or rent it out then it will.
I was told by mum's social worker initially that she felt the house wouldn't be taken into consideration because a) i lived there as mum's carer and b) because my son is also disabled.. but when it came down to it, the finance team initially said that none of that counted. I had to prove everything as listed above.
Good luck with it all.
You should also ensure that prior to discharge the hospital carry out a continuing healthcare checklist to see if your Mum should have a full CHC assessment.
No need to transfer it to you. If you are still living in the house the LA must assess mums interest in the property as nil. See "Palfrey"
If you do not live in the house, the position is different and there is a case "Wilkinson" on this matter.
Do not taint your ownership by transferring her share to you as this may be seen as deprivation of assets to avoid fees. You will be ok provided you continue to live in the property.
Thanks for all your replies,next week i'm having a meeting with a solicitor regarding the matter. So i'll know more then i guess.
My mum has vouchers for "respite care" firstly,me and my sisters have been around a few care homes(really not looking forward to the day when she has to go in) one in particular stood out as being nice.
It looks like we're going to try it for a few days and see how it goes.
I'll let you know what happens with the solicitor!
Thanks again
Having been through a situation for nearly 10 years with 2 PCT's contradicting the each others outcome and the stress and pressure that it causes IF I WANT TO RANT I WILL AS ITS ABOUT TIME I LET OFF STEAM, and from what I have seen the 2 of you who have taken exception do NOT seem to have any experiences to justify critiscism!!!!
It is NOT a hijack it is relevant!!!!
Clearly it makes some take notice!!!
Its not a matter of knowing its a matter of what should be!!!
Do you know how debilitaing Vascular Dementia is or how severe, the facts are if a persons normal functions are impaired then an assessment should be done without having to ask and by that fact CHC is justified, and that is most likely to be the case here!!!
Any decision that is a matter of legal president as this now is and the reasons why CHC was granted in this case make it a landmark case never mind the fact that it should not have gone to this stage to get what is just!!!
ABSOLUTE TOSS, there is a National Guideline NOT, an area one, but it is not being applied or the correctly qualified people carrying out the assessments in a lot of cases and no cases are identical just as no human is, but they should be judged on their merits in accordance with ther same laid down and legal Procedure. There are legal statutes that are being ignored and that is NOT RIGHT!!!!
But it does not mean they are RIGHT also, unfortunately many are and that is why laws have been amended, yet they are still NOT being complied with!!!!
The links I gave are to people and organisations who are fighting for the rights and justice for MANY, and highlighting the injustices and how the system is being abused by many Authorities!!!
Anyone with any concerns should NOT take them as misguidance!!!
Too many people on this Forum give an opinion based on their thoughts and not their experiences, I DONT, so if you have nothing positive to add BUTT OUT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sorry to OP but please read as much as you can on the situation and prepare, you are entitled to an assessment and almost certainely fully funded CHC, but as the links I have posted show be prepared to have to fight for something you are legally entitled to and have paid for by contributions, as have your parents before you, IT IS YOUR RIGHT!!!
BEST OF LUCK
Your 'opinion' is based on your Mum's case.
I don't doubt the worry, hassle and stress it must have caused.
BUT, as you point out, it is only based on your experience.
FWIW, myself & ticktack were just advising the OP not to automatically believe you when you say her Mum is entitled to CHC (it was not criticism, rather a warning to the OP not to take your post as 100% fact) - unless of course, you have personally examined her and are one of the key decision makers in her case.....
Thought not. :cool:
And you're wrong - excessive punctuation marks don't necessarily make some people take notice, it often just signifies that someone is having a rant.
A solicitor would be my last option at this stage, especially as you don't even know whether the LA would want to take the house into account (which does seem unlikely).
I'd be inclined to talk to AGE UK and the LA before spending money unnecessarily.