Day of Dad’s funeral; Council demand Mum sell her house day after

None of you are in a good place right now , I’m so sorry for the loss of your father .
I think if there is a care home place for your mother , then the house will need to be sold to fund that care .
That doesn’t have to be done now , they can defer the payment.
I had to arrange to sell my mum’s flat to cover the cost of the care home she’s in , but there were some savings available in her account to cover the costs to begin with .

YABU. You obviously can’t sell a house in a day. What they’re actually saying is she needs to move into a care home immediately, presumably with the house sold as soon as practicable to pay the costs (which may be a number of months).

And I’m afraid if they’re the ones providing the care, they of course have the right to say where that care is provided, in this case one of their care homes.

Finally, for you to accuse the council of wanting to get their hands on a London home, is very self-centred. Everyone else could turn that around and say you want to keep your grubby hands on your inheritance and have the rest of us pick up the bill.

Who is this in response to

I think with the last post the OP has made it obvious that she was coming here to vent and not actually interested in any advice

My mum was hounded... Disgusting!
People like you just spout rhetoric!

I think it's poor form of them to be doing this just after her husbands funeral, they could have been more compassionate. However the money for your DM's care does need to come from somewhere, sale of assets is the usual way forward. Is there any chance that the house could be sold and somewhere cheaper brought for her and the rest of the money used for her care so you can ensure the money goes toward a good standard of care? Perhaps with her living temporarily with you or another family member whilst it sells?

Well then no one on here can help you, and frankly, you are wasting everyone's time, there's a lot of knowledge on here and a lot of people who could point you in the right direction. - if you take the same attitude with SS no wonder they are not being helpful.

Op have you got legal advice over the will?

Who's looking after your Mum now?

@Supersimkin7
They know his will is wrongly written and we can’t do equity release as a result.

what is "wrongly written" in the will? Are you even going to answer that?

Yup, people are regularly told that. That is HAS to be a medical professional that is needed.

It’s not true.

We went through the application process in 2022 with a relative. The assessment was carried out after a lengthy stay in hospital because of a deterioration in her condition, and full time care was needed on discharge. and were told that because there was no need for nursing care, she didn’t qualify.

Which would give them time to sort out the problem with the house - whatever that may be. But the disregard only applies if someone is going into full time care - OP seems undecided as to whether that’s the case, or whether they can do equity release to continue home care once the will is sorted. The 12 week disregard only applies to the value of the house. Any other assets, income or funds above the upper savings threshold would be taken into account and the disregard stops if the house is sold or funding is secured with the twelve week period.

It’s not really a red herring. It’s a completely different pot of funding tgat wouod make this nonsense from the social worker disappear - OP will need to be bull headed though in any case. Parkinson’s sufferers frequently qualify. I’m amazed the LA considered it to get themselves out of any and all obligation.

No.

This is not correct.

If you have been told this, then you have been given misinformation.

The individual must have a primary health condition with a nature, complexity, unpredictability and unpredictability that is based on health, not social care and requires input than would normally be given by a local authority social care package.

In no way does this mean that a qualified medical professional is needed to Cary out the majority of this.

I should know - I went through the process in the last two years. No nurses needed. Full CHC funding.

Also important for the OP to understand that no social worker has any powers to force someone to sell their home - they can pass the matter to the LA legal department, who can have the matter heard in court with a view to getting an order for sale.

But no judge would force an order for sale if the executor / POA holder is making efforts to deal with the situation and liquidate assets, nor would they over-ride a trust arrangement made by a will - and all this would take months.

Yes it does. The person has to require nursing care, not just social care. Nurses are registered medical professionals.

CHC may, or may not be useful, but is a bit of a red herring at the moment.

Sadly OP has not explained what provision in the will prevents a DPA from being granted by the LA.

Almost certainly a percentage of the house equity will be required to pay for care, but clearly some provision prevents a DPA being offered.

At the very least, that means the house forms part of the deceased fathers estate and no sale will be possible until probate has been granted, therefore no money will be immediately forthcoming to the LA.

It is inappropriate for them to cajole the OP at this difficult time - she needs to seek a solicitors guidance with regard to the provisions in the will and how best to proceed in order that both those provisions are met and ultimately funds go towards DMs care. This takes time, in the meantime LA will just have to fund it and keep a tally, that's the only option they have.

Actually it is. To qualify, the person has to require nursing care, not just social care - it’s the type and complexity of care, not the quantity. And neither is CHC a permanent solution to care fees. It’s reviewed every year and if the person is no longer eligible it stops, although in certain circumstances there can be a contribution towards nursing fees.

FNC is available for self funding residents who need registered nurse input

That’s very very different to a ‘registered medical professional’

For CHC, it’s not accurate to say that the person will need support from a registered medical professional. They are required to have needs that require over and above those that are managed by a standard package of care due to their complexity.
CHC has a very high threshold and needing 24hr care is not enough. It’s exactly what the care needs are that is relevant.

My mum’s care needs related to post-stroke partial paralysis and acquired brain injury but not considered health-related for the purposes of CHC as the care needs related to mobility, continence, falls, ability to dress, meal prep etc.

high care needs but not high health needs and what health needs there were could be managed by existing provision e.g district nurses

this continued into the care home where neither parent was in a ‘nursing bed’ and therefore their ‘hospice at home’ end of life care was all led by the district nurses.

Or supervised.