Attendance allowance under deferred agreement
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lisyloo
Posts: 29,615 Forumite
My MIL is in a nursing home.
She was funded by the LA but her husband has died so she;s has now gained a property which will no longer be disregarded.
There will have to be a deferred agreement for fees as we cant pay until the property is sold.
Who gets the attendance allowance in the short term?
Does the LA/nursing home get it and deduct it from the bill, or do I need to start gett8ng it paid to MIL as a private payer.
Thanks - have lots going on due to recent passing (and its sunday so cant phone anyone)
She was funded by the LA but her husband has died so she;s has now gained a property which will no longer be disregarded.
There will have to be a deferred agreement for fees as we cant pay until the property is sold.
Who gets the attendance allowance in the short term?
Does the LA/nursing home get it and deduct it from the bill, or do I need to start gett8ng it paid to MIL as a private payer.
Thanks - have lots going on due to recent passing (and its sunday so cant phone anyone)
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Comments
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Sorry to hear of your loss.
I am told that when a LA pays the fees, they insist that AA is claimed as part of the arrangement and is paid to the home to top up the LA's contribution.
It is a distressing time trying to sort out these things.
Did your MIL & FIL not make provision for their child/children whist they were both fit and healthy by using a trust? The property could have either been placed in a discretionary trust for the child/children or the child/children could have had the property transferred under a simple trust. These actions have to take place well before any thought of them needing care with at least a 7 year gap before death.
Taking these actions in tandem with a good solicitor could well have avoided the house being sold to benefit the LA.
I wish you well in this difficult time.0 -
Sorry to hear of your loss.
I am told that when a LA pays the fees, they insist that AA is claimed as part of the arrangement and is paid to the home to top up the LA's contribution.
Can you say who told you this please? It's always helpful for a poster, especially someone in a difficult position, to give some citation so they can understand where the information comes from.
I am not saying you are wrong. I don't know the answer but suspect you may be right. But background always helps
OP. I, too, wish you well at such a difficult time.0 -
My MIL is in a nursing home.
She was funded by the LA but her husband has died so she;s has now gained a property which will no longer be disregarded.
There will have to be a deferred agreement for fees as we cant pay until the property is sold.
Who gets the attendance allowance in the short term?
Does the LA/nursing home get it and deduct it from the bill, or do I need to start gett8ng it paid to MIL as a private payer.
My Dad was on a deferred payment scheme while his house was sold.
The council paid up to their maximum contribution and I paid the excess out of Dad's money directly to the care home. He received his pension, PC and AA just as he had when he had lived at home.
The council had a charge on the house and that bill was paid when it was sold.0 -
Can you say who told you this please? It's always helpful for a poster, especially someone in a difficult position, to give some citation so they can understand where the information comes from.
I am not saying you are wrong. I don't know the answer but suspect you may be right. But background always helps
OP. I, too, wish you well at such a difficult time.
I am not an expert on any of that. I dealt with a solicitor who was absolutely brilliant.
He advised us both that we should be protecting our assets and cash should there ever be a need for care in our later life. we were in our late 50's when we started it (approx.10 years ago). Young enough to make sure it would prove that none of it was done to avoid the LA or anyone else getting at all of our assets.
We had a power of attorney prepared for each of us citing our two children as those that were given those powers. We had a discretionary trust prepared into which all of my capital was transferred whilst we were not claiming any form of means tested benefit. Next was the property this was half put in that trust with the other half transferred via a simple trust into our two childrens; names. Both children completed a post/pre nup agreement to protect us.
Legally we no longer own anything and don't have capital beyond the £10,000 allowed by virtue of PC.
The end result is that we/our children are in control if we ever need to go into care.
My advice - go and see a good solicitor that deals with these types of things every week.
Of course it will cost money but look at it as an insurance policy0 -
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Can you say who told you this please? It's always helpful for a poster, especially someone in a difficult position, to give some citation so they can understand where the information comes from.
I am not saying you are wrong. I don't know the answer but suspect you may be right. But background always helps
OP. I, too, wish you well at such a difficult time.
There was a thread on the disability board where someone requiring care at home via social services was expected to claim AA to help cover the cost. Most posters agreed this was reasonable, however Danday was a lone voice claiming it was terrible.Unless I say otherwise 'you' means the general you not you specifically.0 -
I am not an expert on any of that. I dealt with a solicitor who was absolutely brilliant.
He advised us both that we should be protecting our assets and cash should there ever be a need for care in our later life. we were in our late 50's when we started it (approx.10 years ago). Young enough to make sure it would prove that none of it was done to avoid the LA or anyone else getting at all of our assets.
We had a power of attorney prepared for each of us citing our two children as those that were given those powers. We had a discretionary trust prepared into which all of my capital was transferred whilst we were not claiming any form of means tested benefit. Next was the property this was half put in that trust with the other half transferred via a simple trust into our two childrens; names. Both children completed a post/pre nup agreement to protect us.
Legally we no longer own anything and don't have capital beyond the £10,000 allowed by virtue of PC.
The end result is that we/our children are in control if we ever need to go into care.
My advice - go and see a good solicitor that deals with these types of things every week.
Of course it will cost money but look at it as an insurance policy
And yet, here, at #13 it is your wife's property and she can evict you
http://forums.moneysavingexpert.com/showthread.php?p=74016517
Did the solicitor advise you on AA rules?
That would be helpful to the OP0 -
I don't think that talking about how something was done 10 years ago by yourself will be much use to the OP who is asking about something that is currently occurring?I am not an expert on any of that. I dealt with a solicitor who was absolutely brilliant.
He advised us both that we should be protecting our assets and cash should there ever be a need for care in our later life. we were in our late 50's when we started it (approx.10 years ago). Young enough to make sure it would prove that none of it was done to avoid the LA or anyone else getting at all of our assets.
We had a power of attorney prepared for each of us citing our two children as those that were given those powers. We had a discretionary trust prepared into which all of my capital was transferred whilst we were not claiming any form of means tested benefit. Next was the property this was half put in that trust with the other half transferred via a simple trust into our two childrens; names. Both children completed a post/pre nup agreement to protect us.
Legally we no longer own anything and don't have capital beyond the £10,000 allowed by virtue of PC.
The end result is that we/our children are in control if we ever need to go into care.
My advice - go and see a good solicitor that deals with these types of things every week.
Of course it will cost money but look at it as an insurance policy0 -
Does the LA/nursing home get it and deduct it from the bill, or do I need to start getting it paid to MIL as a private payer.
I would have thought it would be payable to the MIL.
Have you looked into the Registered Nursing Care Contribution from the NHS if nursing care is required?
I don't know if this might be applicable or not.Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
And yet, here, at #13 it is your wife's property and she can evict you
http://forums.moneysavingexpert.com/showthread.php?p=74016517
Did the solicitor advise you on AA rules?
That would be helpful to the OP
As usual, Danday makes his past experiences fit the question asked. he forgets what he has already stated elsewhere.0
This discussion has been closed.
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