Council care home fees pending assessment

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waveydavey48
waveydavey48 Posts: 164 Forumite
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Hi folks, this is my first post on this subject, apologies in advance if I have posted in the wrong area.

My 94 yo mother lived independently in her ex-council house which she bought many years ago with my dad when he was alive.

She was hospitalised after fall about 6 weeks ago and is in a council run assessment facility. The idea was that she would be there for 6 weeks after which time she would be assessed to see whether she live on her own again. During the 6 weeks period the cost is about £120 but after that 6 weeks the cost rises to about £900 a week.

The assessment has been delayed as there simply isn't a social worker who can carry out the assessment yet. We are in the situation where she will have to pay £900 per week because of delay on the part of the council. That doesn't seem fair. My mother has some modest savings and a very small private pension on top of her state pension and that will be eaten up very quickly.

I would welcome any advice.

Thanks
Dave

Comments

  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    I would say you should be posting in the benefits forum not investments. Yes it also seems unfair to me that you are being penalised it social services cannot get their act together and I'd just be refusing to pay on the grounds it's there delay not yours, also there are savings limits under which she won't have to however if she does go into a home then the next step will be selling the house to pay for care home fees
    You could repost on the benefits forum and also contact perhaps Age UK who may be able to help with advice.
    My main thought is simply don't pay because if it turns out she needn't have it will be a nightmare to be reimbursed.
    So repost, contact Age Uk and good luck
  • xylophone
    xylophone Posts: 44,516 Forumite
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    https://www.ageuk.org.uk/information-advice/care/paying-for-care/

    We offer support through our free advice line on 0800 678 1602. Lines are open 8am-7pm, 365 days a year. We also have specialist advisers at over 140 local Age UKs.
  • lisyloo
    lisyloo Posts: 29,625 Forumite
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    I wouldn’t pay.
    If she does go into care the home her home have to be sold.
    If she lives alone then the property will be used to pay for fees.
    In the interim the Local autohority will fund but she would have to sign a DPA (loan basically) whilst the house is sold.
    If family can’t sell the house then the local authority will do it but I would expect charges for any work they do.

    Does she have mental capacity?
    If so I would get a lasting power of attorney set up ASAP.

    I had to do court of protection (going through the courts when someone can’t agree). This is (necessarily), slow, arduous and expensive.
    Getting LPA set up whilst she can agree is both sensible and urgent.
  • elsien
    elsien Posts: 32,861 Forumite
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    Have you clarified with the local authority that she would be expected to pay?
    If they've have said that is the case, and the delay is purely down to them I'd be looking at legal advice and a formal complaint.

    As an aside, if she has capacity it's her decision whether she goes into a care home or not. People have the right to make unwise decisions if they understand and can weigh up the risks they are taking.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Keep_pedalling
    Keep_pedalling Posts: 16,687 Forumite
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    There is no obligation for a 3rd party to pay fees. If self funding is applicable, fees are normally deferred on the sale of the residence home, unless you mother has other assets that can be used to pay the fees in the interim.
  • waveydavey48
    waveydavey48 Posts: 164 Forumite
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    That's great folks, much appreciated. I will speak to Age UK.
  • Vortigern
    Vortigern Posts: 3,245 Forumite
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    waveydavey48 wrote: »
    That's great folks, much appreciated. I will speak to Age UK.
    Age UK have many useful fact sheets.

    If your mother becomes a permanent resident of a care home she should take advantage of the "12-week disregard" meaning that if she has little in savings, the value of her house must not be included in the local authority's financial assessment for that time and she should receive some financial support.
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