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  • FIRST POST
    • lisyloo
    • By lisyloo 11th May 18, 5:15 PM
    • 21,836Posts
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    lisyloo
    Joint assets/savings
    • #1
    • 11th May 18, 5:15 PM
    Joint assets/savings 11th May 18 at 5:15 PM
    FIL died in April. MIL is in a nursing home, so their marital property is empty (and she will need to start paying fees after I believe a 12-week disregard),

    The property is held as joint tenants.
    They also have joint savings/current accounts.

    Am I correct in thinking I don't need to do anything with these as she automatically gets them via survivorship.

    There is a small life insurance policy and I am seeking deputyship to claim this She is his executor and has lost capacity. His will says she gets everything.

    There is nothing else of any significance (the usual worn clothing, sheets, cupboard of food).
Page 2
    • Yorkshireman99
    • By Yorkshireman99 15th May 18, 7:27 AM
    • 4,143 Posts
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    Yorkshireman99
    I would also add don!!!8217;t expect the council staff to know the law or apply it correctly. From personal experience,
    • lisyloo
    • By lisyloo 15th May 18, 9:47 AM
    • 21,836 Posts
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    lisyloo
    Thanks again for the warning. I think this case is pretty straightforward.
    The example given by age-uk happens to exactly match our circumstances for the 12-week property disregard, but we accept that longer term she should pay fees and I agree that this should be funded by her and not other tax payers. They've both had a lot of help (free care at home, hospital, free nursing care) for which we are grateful.

    A local authority must also provide the 12-week property disregardwhen one of the other statutory property disregards (listed above) unexpectedly ends because the qualifying relative has died or moved into a care home: An illustrative example
    is provided at Annex B:
    Win and Ern have been married for 60 years and broughta home
    together. 18 months ago, Win moved into a care home as a result of
    dementia. During her financial assessment, the value of the home she
    shared with Ern was disregarded as Ern is her husband, was over 60
    years old and still lived in the property. Ern has been in good health and there is no reason to anticipate a sudden change in circumstance. Unfortunately Ern suffers a heart attack and passes away, leaving the property to Win. There is no longer an eligible person living in the property, meaning its value can now be taken into account in what Win can afford to contribute to the cost of her care [the financial assessment].Given this was unplanned for, Win and her family need time to consider what the best option might be. The 12 week disregard would therefore be applied.
    https://www.ageuk.org.uk/brandpartnerglobal/gloucestershirevpp/factsheets/care%20homes/treatment_of_property_in_the_means-test_for_permanent_care_home_provision_fcs.pdf
    • Yorkshireman99
    • By Yorkshireman99 15th May 18, 10:04 AM
    • 4,143 Posts
    • 3,383 Thanks
    Yorkshireman99
    Thanks again for the warning. I think this case is pretty straightforward.
    The example given by age-uk happens to exactly match our circumstances for the 12-week property disregard, but we accept that longer term she should pay fees and I agree that this should be funded by her and not other tax payers. They've both had a lot of help (free care at home, hospital, free nursing care) for which we are grateful.

    https://www.ageuk.org.uk/brandpartnerglobal/gloucestershirevpp/factsheets/care%20homes/treatment_of_property_in_the_means-test_for_permanent_care_home_provision_fcs.pdf
    Originally posted by lisyloo
    It is worth remembering that NURSING care as opposed to social care is state funded and nobody can legitimately be asked to pay for it.
    • lisyloo
    • By lisyloo 15th May 18, 10:28 AM
    • 21,836 Posts
    • 10,550 Thanks
    lisyloo
    It is worth remembering that NURSING care as opposed to social care is state funded and nobody can legitimately be asked to pay for it.
    Originally posted by Yorkshireman99
    She gets the 158.16 nursing care element paid, so I would expect the fees to be reduced by that amount.
    She will have to pay for her personal care after the 12-weeks.

    I don't think CHC woud apply in her case as in clinical terms she's quite well.
    Last edited by lisyloo; 15-05-2018 at 10:38 AM.
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