If a parent goes into a care home will the LA come for some of the money from the sale of their house?

Just an edit to my post, Step Dad COULD have applied for LA/NHS funding, as he had cancer, heart disease and dementia and needed nursing care, but we didn't apply, as he had funds.

Apologies OP, I haven’t rtft but have some experience having had parents in LA funded care.

The LA cannot take into account your DM’s home while your DF (or anyone over 60
I believe) lives there. If he dies, and she inherits his share of the house, then yes, it would become part of her annual assessment. She wouldn’t have to back pay, because the years before his death qualified her for LA funding. But the value of the asset would put her above the threshold from then on.

The caveat is the trust that her solicitor arranged. If your DF’s share is in trust to his children, let’s say, then they MIGHT be able to say that she has a half share in a property which they could take into account. However logic would say that they can’t force the sale of a shared property and therefore wouldn’t be able to put a charge on it.

My experience of LA assessments is that they are pretty crude and broad brush. I was organised and honest in my declarations but was quite surprised at how much was taken at face value.

Also came in to say, find her a nice home now, self fund, worry about the "what ifs" later. It really doesn't matter unless you want the LA to take responsibility for her immediately.

We had a similar situation, with both eventually going into the same home, all self funded, from savings and investments. They had the money, they chose where to go. They tried a live in carer for a while, but that was very stressful, and they never stayed long. Step Dad moved three times before they found a care home they could both be in together. Self funding gives you complete choice and flexibilty. In the end they both died together, on the same day, from COVID.

We were actually in the process of selling their house as funds were running low. They were widows/divorcees so each had a half share in the house.

I was wondering that too.
Surely, as a married couple, any investments made by either the mum or dad would be used to pay for care?

Yes, a new financial assessment is required. IIRC we had 8 weeks grace after DM died, then charges were made after that date.

From personal experience I would say it depends partly on whether your mum qualifies for her fees being paid because she needs continuous nursing care and qualifies for CHC funding also known as
NHS Continuing Healthcare.

CHC is a package of care for adults with significant, ongoing, and complex health needs that is arranged and fully funded by the NHS.

To receive CHC, individuals must undergo an assessment by their local Integrated Care Board to determine if they have a "primary health need". This assessment would be arranged via your mum’s Social Worker.

Funding is then free and covers care costs in various settings, such as a care home or the individual's own home, and is different/separate from local authority funding, which involves means-testing.

It’s pretty difficult to qualify for CHC - my mum did qualify but she was unable to walk having had a severe stroke so she required 24 hour care with nurses (ie not just supervision but medical care that couldn’t be provided by care home staff alone).

Other than qualifying for CHC the local authority would look to fund any shortfall in fees via the sale of your parents’ property if your dad passes away first.

It’s likely that your parents are joint tenants on their property but you could ask your solicitor (it states this on the deeds to their property). Most jointly purchased property will be joint tenants unless the parties request tenants in common.

That’s my understanding having been through similar circumstances a few years ago.

I totally empathise with your situation and hope that everything goes smoothly if and when your mum enters the care home x

jeez louise OP, do try to ignore the insensitive twerps putting in their two penneth

I agree with the person upthread who said try to not to worry about future financials.

if you've decided that it's time for your mum to go into residential care and she can self fund for now, I'd concentrate on getting her into the best home you can find.

Your Dad can't be forced to sell his home to fund her care, so while he's alive he will always have somewhere to live which is the key point.

I know how stressful this is, do try to take care of yourself

Oddly enough no, no one in my family is wealthy enough to have financial advisors and trusts, I pay my taxes via PAYE and in the usual way. Like the vast majority of people.

Wouldn’t your dad willingly and morally wish to pay for his wife’s care if he has considerable assets?

What if he spends all his assets on his wife's care then needs care himself?

Was it only yesterday that there was a thread about disabled people claiming PIP being workshy scroungers? Spending my taxes seems to be ok if the money goes to the well off but not if the poor benefit.

My mum’s mum had early onset dementia and her dad refused to put her in a home. He had a heart attack from the stress of looking after her. When my gran was told he had died, she didn’t know who he was.
My mum has always said ‘put me in a home’ and I say the same to my DD.

From reading all your posts @Thebluespoon , I understand your position.

I honestly would not add to your heavy workload by fretting about the financials.

It is very unlikely your mother would get CHC, by all means enquire but don't expend too much energy on it.

What the LA do or don't do some time in the future really doesn't matter. Again, ask AgeUK, you should get a quick answer, but don't expend your energy on it. Her care will be paid one way or the other and that is what matters.

Focus on getting your mother the right care. I found my mother's care home from carehome.co.uk (checked out the reviews and facilities, phoned them, went to visit). Don't be distracted by all sorts of nonsense your mother won't use like cinema rooms and hair salons which will add to the £££. What she needs is good care.

https://www.carehome.co.uk/

(By the way there is not really any such thing as a council funded home any more, they have all closed. There is only one in our entire county, so the LA is limited in where they can move a resident. If you choose somewhere reasonably priced - no cinema rooms! - they are likely to leave your mother there as they have few choices. The LA continued to fund my mother in her moderately priced home.)

And you wouldn't ever do that of course.

Moving assets into fathers name- isn’t that regarded as deprivation of assets?

Once you become council funded op you'll have no say where your mum goes op just bear that in mind it'll be a council funded place not a private home

....and I apologise for leaping on you.
Navigating setting up care is very stressful.
We are in the process of ensuring my FIL's care remains in place having spent all his assets (he can pay the £8000 for Sept and then he's below the £23,250 threshold. It's like we're the first people to have done this.
You'd think care homes would have some sort of package - "what happens when a resident can longer pay for their care".

He no longer has capacity so will never know that his grandsons will not receive the small amount of money his Will sets aside for them. I guess it's better that way.

Following

Something to consider tho, if you can self fund you will get more autonomy over where your mother goes. If the la is funding it’s their choice and patients best interests isn’t always the deciding factor.

Just wanted to add sympathy for the decision to consider residential care. It isn't an easy one but it can be for the best both for your DM and for you all as a family.

My DM had to go into a care home after a fall/fracture/dementia acceleration. The care home is far and away the best and safest place for her. It is purpose built with easily accessible bathroom facilities, carers available 24/7, equipment to assist wheelchair transfers. The list goes on.