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Elderly parents

Parent ignoring care home fees and POA

34 replies

MargotTrubshawe · 22/05/2022 20:04

I wonder if anyone has any information about what will happen in a situation where an elderly parent has gone into a care home but they are ignoring anything to do with the finances?
The situation is that mum owns a house and therefore would be classed as self-funding but she won’t give me Power of Attorney to sort out the sale of the house to fund the care. She is of sound mind.
She has been in the care home for 4 months now so the 12 week disregard has well passed and she has had two letters from the local authority which as far as I can tell ( I live 100s of miles away) are asking her about paying fees.

There is a horrible situation too where my brother and his wife have used all her money in her bank accounts when she first became ill and actually got her in debt. They had access to her house whilst she was in hospital but did not have permission to use her cards. The carehome were informed and now know there is a safeguarding issue with my brother the police have been informed but she won’t speak to them. So savings that could have been used to pay care homes for 1 or 2 years have gone. Me and my Husband did what we could to deal with banks and sort out a payment plan for the debts but now my mother will not give me POA to sort anything else out which makes things impossible ( from my point of view) with care home fees. She seems to think that me having financial POA would not be fair to my brother, even though my brother went behind her and my back and drained all her savings from her accounts! I have tried to explain that POA would an admin task for dealing with finances and would be under legal scrutiny and all to benefit her but she doesn’t want to do it.

So, what is the Local authority likely to do when she just ignores letters about fees? What sort of action can they take? Will they take action against her in any way? I am expecting in a few months that she will contact me in a panic about some nasty letter or legal stuff which I can’t help her with as I won’t have POA.

OP posts:
MiniatureHotdog · 22/05/2022 20:22

And yes, surely if she doesn't go to the police then the money she did have will be regarded as deprivation of assets? (ie as if she gave your brother permission to take it)

MiniatureHotdog · 22/05/2022 20:21

The house will have to be sold. They'll likely put a charge on it so it can't be sold without them being repaid, but if it's currently empty I think they can also force a sale?

stanfi · 22/05/2022 20:20

Has your brother already got her sign anything? Is she refusing to give you access because his fraud is bigger than you've already discovered?

SafeguardingSocialWorker · 22/05/2022 20:19

If she has capacity then the local authority can take her to court. They will only do this as a last resort.

They are more likely to offer her a deferred payment in the first instance which means they put a charge against the house and they get paid when the house gets sold before all other creditors/debts.

Unless she agrees to speak to the police she will be assessed as if she still has the money in her bank accounts. If she makes a complaint to the police then it will probably be written off by the local authority.

Even if she does make a statement to the police the CPS are unlikely to take the case forward against your brother. Sadly.

This is not a problem of your making nor should you do anything more to fix it than your mum wants you to do.

BlanketsBanned · 22/05/2022 20:18

Has she got any money left or is it all tied up in the house. Is the money your brother stole going to be recovered. Do you know whey she wont discuss finances, the carehome wont just let her stay there indefinitely if she doesnt pay, she may be given notice to leave and she may either have to go or put the house up for sale or arrange a deferred payment scheme. Can AgeUK or xiti3zens advice help, does she have a solicitor. Did she sign a payment contract when she moved into the carehome.

MargotTrubshawe · 22/05/2022 20:15

Yes I know really, she has made her own choice. It's still hard when it leaves me thinking she might be turfed out of care!

OP posts:
MargotTrubshawe · 22/05/2022 20:12

He wouldn't pay anything, he defrauded her and spent it all! He has revealed himself to be selfish and abusive. I just would like to know for my own peace of mind would she be made to leave the care home, would the authorities do anything to pursue the money and if so what?

OP posts:
TheLightSideOfTheMoon · 22/05/2022 20:09

The local authority will assign someone to help her.

Although the home might have to give her notice to leave for that to happen.

Can’t the brother pay? Care home feed for 1-2 years is £££…

ItsSnowJokes · 22/05/2022 20:07

As harsh as it sounds if she is of sound mind you can't do anything about it. Leave her to it! Yes she may call you in a panic but then you calmly tell her that you tried to help but she refused your help.

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