Can they stay in the home?

[Hippywannabe]

Will be vague with possibly identifying details.
I have a relative with a much older spouse. My relative has a life changing/limiting illness. They are declining in health and require constant care/supervision including medical needs. Older spouse has managed but is now in poor health and struggling massively.
I think it will be within the next year that my relative will need more care than the spouse can provide and will probably need to move to a home.
The home is in my relative's name only although they have been married for almost 20 years. Can the spouse remain in the home if my relative needs to go into a home?
I assume that a charge can be made on the property to pay for my relative's care but surely their spouse has the right to remain in the property as it is their sole residence?
Realistically, I would be surprised if the spouse who is in such poor health themselves would live for more than 10 years any way but we do feel that they should be allowed to remain in the house.

Bum

Bump obviously

I think the spouse would count as a 'qualifying dependent' and therefore your relative would not have to sell their home. However, you might want to try Age UK helpline or their local carers centre to go through it in detail and also start to think about planning and options. For example, it might be possible to find alternative accommodation that would suit them both so they could continue to live together (if that is what they want, depending on needs etc).

Thanks. We do know that a charge will be put on the house to pay for care but are hoping spouse would be allowed to live there until they themselves pass on.

Yes they can 100%.

You can look up the guidance for local authorities on charging for residential care online. It's all set out there if you want to put your mind at rest.

It is unlikely that the house would be taken into consideration for charges to a care home as the spouse remains living there. If they are over 60 it will definitely be disregarded, different authorities may have different rules if they are under 60.

Age UK are very helpful, many useful guides on their website to start you off.

Depending on levels of savings they may be eligible for a home care package to help with getting dressed, showering, meals.

Either or both may be eligible for Attendance Allowance (for a range of help, not just someone to attend) which I think, from memory, is not means tested.

This sort of help can delay a move into a home, which usually benefits the emotional well being of both of them.

Yes, they can remain in the home. It will be sold to pay for the care fees once the spouse dies.

Different authorities do not have different rules. It's govt guidance

Thanks all. Spouse is mid 70s and in poor health.
Relative has complex medical needs and Social Services have advised an 'ordinary' carer would not be able to help.
When the time comes that relative needs more care than spouse can provide, I want to be able to reassure them that they are able to stay in their home and it will only be sold to pay relative's care fees after they themselves pass. I have a sneaking fear that that is why they may fight relative going into a home when the time comes. Spouse has spent many years as carer but that time is now limited. They will also struggle terribly with guilt and relative having to leave their own home.