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

Im wondering whether there is no power of attorney and OPs mum is deemed to be lacking capacity. In that case social services / local adult social care will step in and take over.

So yes, if she has run out of money and needs to be housed by them, then they can make the decision to sell the property, if they deem it is in her best interests to be in a home which can provide 24 hr care.

Did nobody else have POA for your mum, for finance or health?

What is the problem with the will - does the house belong to your mum 100%

You can ask them to defer payment, or you can arrange carers yourselves, but you will need to open a dialogue. It sounds as if you have a month of care paid for - its unlikley that she will have respite care, but its worth asking - that is usually only offered when the client is likely to return home, but with no money to pay for care that doesnt seem likley.

Im sorry that its come to this so quickly

She is clearly hurt and trying to keep everything together. Crisis’ mean you don’t think logically!

The hospital scheduled a meeting to discuss my Mums hospital discharge involving 16 nhs staff (because I threatened them with the lawyers) for the day after they knew my husband was undertaking major surgery in London (300 miles away from my Mum) so I needed to attend by telephone whilst juggling my 7 month old baby and my Mum had no support in the room. That was to try and force her into a nursing home after they had actually caused clinical negligence!

The system doesn’t take into account people undergoing traumatic evens. That meeting didn’t need to be the day after, just like they didn’t need to contact her mum the day after her husbands funeral.

I think it's incredibly insensitive to not wait a week after your Dad's funeral.

I don't understand any of this. My mother in law had Parkinson's Disease and nobody insisted she sell her house. She died in it, she had care at home and jolly good it was too. What does it have to do with the council? That is awful, inhumane, wanting to turn an old lady out of her home.

That’s not true - being a few pence over the threshold simply means that they pay for the service until they drop below it.

The savings threshold for cares costs is a little over £23,000 (cant remember the exact amount) once you drop below that you pay for a percentage that decreases the lower your savings become.

So out of six pages of questions and advice, this is all you took from them?

Have you considered asking for a DST too see if she qualifies for a full assessment for Continuing Health Care? If you can prove her needs are primarily health related the ICB will fund her care.

Sadly it is in the context of the situation, but morally you are correct, its very, very poor.

Its not irrelevant, this country does not treat the elderly right by doing this. Heartless.

There is a legal 12 week disregard on care costs, social services have the capacity to deal with placing her, covering costs for that 12 weeks whist a plan is formulated.

The problem is, and has always been how you determine if they can afford to pay for it themselves. Means testing is a race to the bottom. The thresholds are set so that people in real need can lose out on what they need just by being a few pence over the thresholds.

A lot of posters have said get legal advice. That's what you need to do. Mumsnet is not the place for resolving this issue.

Couldn't agree more.

And in the meantime what happens to mum when the funding for private care runs out ?

Bear in mind too that Social Services have no powers to make you sell the home, they can, if the matter is not being dealt with go to court to obtain the right to force your hand - but that all takes time, and they will be loath to do that.

Take a deep breath, seek legal advice and go back to SS with a plan based on the outcome of that - if they ask again just say its in the hands of the executors or solicitors and you will be in touch as soon as practical.

OP, sorry to bang the will drum, but its important, because if a share of the house goes elsewhere other than directly to your mum (joint tenancy) this would prevent a DPA (equity release), but it also means you can quite legitimately tell the council to wait patiently.

Assuming that your dads estate still holds an interest in the house, then the estate must go through probate and administration before anything can be done, both the trust regulation agency and HMRC regard 2 years to be the reasonable timeframe for an executor to wind up and distribute an estate with 6 months given for IHT to be paid (or at least a downpayment) - so if your fathers estate has any involvement, and this will be the case unless the property was held as joint tenants, they will have to be patient, and the executor can, within reason, not be rushed.

I suspect the SS are attempting to rush you into something in their interests - but make sure you take your time, they cannot rush you.

Bear in mind if your DM goes into care there is a mandatory 12 week (3 months) disregard, meaning SS pay for that 12 weeks whilst things start to get sorted, no rush!

Has she had a CHC assessment? If not do push for one as it would mean nhs pays for her care.

At least until the day after the bloody funeral!

S117 aftercare only applies if someone has been detained on a section 3 and that care only applies to care pertaining to the mental health condition tgat caused the section.

I work in adult mental health.

Op how long is it since your Dad died?

In some parts of the UK funerals are held sooner than others.

Can you expand on how the will is preventing a DPA, this may be critical.

There is something in the will that is preventing the LA offering a DPA, this means the will may have a protective effect that could be destroyed if the property is sold.

It would be useful if the OP could expand on that point. All I can think is that the will forms a trust.

Not quite the full story, social service funded care is also available to those that the LA have an ongoing mandatory responsibility for, which can include those who have resources but whose care costs are the LA responsibility - like those who receive Section 117 Mental Health Act funding. I know this is a nuance, and I don't mean to be pedantic, but in a discussion about elderly people and capacity and LA funding, it might be a helpful correction for someone else reading this thread.

Capacity - even when officially removed by the Court of Protection - remains decision specific, and the Care Act still applies...