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

A solicitor to do what? Complain that someone whose job is to try to expedite the care of a severely disabled recently widowed elderly woman made a phone call on a day that happened to be when the husband was being buried? The likelihood is that the person making the call wouldn’t have known about the funeral, their focus is on the person needing urgent care.

Can you apply for NHS continuing health care funding?

Fair enough, quite agree with your sentiment.

OP if no one has done one it’s worth asking about assessment for Continuing Healthcare - if your mum qualifies for it all her care needs including social care needs will be paid for by the local ICB.

Health care funding is available to all at point of use.

Social services care is only available to those who are below thresholds - tgat includes all peopld, not just pensioners.

Yea, I know what that is. I work in a LA.

I was responding to someone claiming that LA’s recouping care fees for people with savings and assets over the threshold are ‘vultures’.

OP, just spotted this in your OP

SS know Dad died. They know his will is wrongly written and we can’t do equity release as a result.

Curious about this, does your dads will form a trust? in which case seek advice from a solicitor - it may be the council are not able to use the value of the house unless you sell it. If they can't offer a DPA because of the will, it may be that selling the house is not in your or your DMs interest. Legal advice essential.

Hey OP, I have sent you a PM

How about nursery funding, state schooling, medical care? Don’t just go after the old people.

I don’t think she’s trying to say it’s relevant I thinks she’s just trying to show what kind of person her mum is. So why be an a$** about it

They are not following the care act, it requires the no one should be forced to sell their home in their lifetime - this is achieved by something called a DPA (deferred payment agreement).

OPs mum would go into care with a DPA, its them up to mum and her family to decide if they market the house and sell it in a low stress way or whether they say rent it out until after the mums death and then sell and pay off the DPA.

There is no requirement to sell in the person in cares lifetime

There is also a mandatory disregard on the property (meaning it cannot be counted towards care costs) if a relative under 18, a relative over 60 or a relative who is disabled lives there, in that case no money can be used from the house towards care whilst that situation remains.

Sadly I've heard of this happening several times, so suspect OP is telling the truth.

OP, Social Services CANNOT make anyone sell their house in their lifetime to find care, they must offer a Deferred Payment Agreement (DPA) which pays for the care, the property can then either be sold at your speed or rented out and sold after your DMs death.

They cannot take its value into consideration at all if a qualifying relative lives there.

Have a look at age concern site etc and paying for care, acquaint yourself with the care act.

@Supersimkin7 I've pmmed, I do hope it helps x

I sent through the name of the specialist solicitor who helped me secure a package of care funded by a London local authority. This does not sound right.

I haven’t read the whole thread but you need specialist advice from someone from the Association of Lifetime Lawyers. If someone is living in their home there is a mandatory disregard in terms of means assessment for fees (I specialise in this area of law). Get in touch with someone urgently so they can advise you.

I am an experienced adult social worker. The local authority cannot force the home to be sold, however if there are monies owing then they can refer it to a debt collection company. There are plenty of people who have a low income but remain at home with a care package. So the LA would looks at maximising income and basing the person's contribution amount towards their care. If she has indeed been assessed as needing 24 hour care they will not fund this level at care at home if there is another option that is better value. Does mum have mental capacity as if she can make the decision that she doesn't want to go into a care home as long as they have explained the benefits and burdens then they cannot force her. If did cannot make the decision a best interest decision can be made but again the LA cannot force someone out of home against their will so would have to seek permission from the court of protection. So I don't really understand what the situation is as it doesn't seem likely, though not saying you are not telling the truth but something isn't right.

A bit of an assumption there!

For example I know I wouldn't be capable of looking after anyone, let alone someone needing full time care, due to my own physical disabilities. As the OP's mother is in her 80's, the OP is likely to be around 60 herself anyway. Add in any disabilities or illnesses she has herself and she wouldn't be able to care for anyone - or she may need carers herself for all you know!

The amount of care that seems to be required would mean the OP having to live in the same house, so who gets moved? If the OP herself lives in a one bedroom flat or something then she herself would have to move her entire life, and that's assuming they live in the same part of the country.

@Supersimkin7 You poor love you must be in a right state. You know where to find friends on here if you need us, and big hugs from all chez Allergic Towers.

No. They are not vultures. They quite rightly expect everyone to be subject to means testing to access tax payer funds. If one has saving and assets over the minimum threshold then one pays for one’s own care.

I also think the state pension should be means tested too, abx bus passes, and free tv license, and winter fuel payments.

Why should anyone get free anything if they can afford to pay for it themselves?

So she has Parkinson’s and needs 24/7 care and has been assessed as that, yes?

Why has no one done a Continuing Healthcare assessment?

or has children who should take care of her?

I was referring to this part of Kativa12 reply, which is uncalled for.

What a horrible time for you all.

My mum has advanced dementia and I have cared for her for the last 5 years and we have just started with home carers. We will be in a similar position when the savings run out.

The LA's are awful and don't care, it's just an admin person looking on a sheet of paper full of names, they have no care that behind those names are actual humans going through some of the worst times of their lives.

I am sorry for your loss.

No but neither can the state offer the 24hour care that she needs either

they have no money for private care, they cant do it themselves and social services will only offer 24 hr care in a care home setting - it is the awful truth of growing old and dealing with aging relatives.

You should be thoroughly ashamed of yourself. Op has just lost her df and has had to watch her dm's health decline. No child should be forced to care for a parent.

Then you should probably read the first three lines of the OP's OP again.

OP, how was your DF's will written wrongly?

I thought it was the father that had Parkinson’s.