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

[Supersimkin7]

Buried Dad Tuesday.

Mum, 88, Parkinson’s, lost her DH of 60
years. She’s shaking with terror today.

I had hoped Social Services would give Mum 24 hours after her husband’s funeral before calling and demanding she sell her house and be moved to a care home asap, house money to be controlled by council, but it was not to be.

SS want permission from her DC (me and DB) to move her asap - we’ve got a month left of private carers. Mum & Dad have spent £650k of their and our money on care. DM is horribly, painfully disabled and needs 24hr care. There’s £0 left.

I told the social worker before funeral that we wanted DM at home for a while before any more major life changes, in case the shock kills her.

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

SS know we can’t pay for more private care, and that they’ll have to fork out for a couple of months respite care with round the clock carers if she at home.

But they rang DB the morning after the funeral to say they wouldn’t provide any care beyond a toilet break once every eight hours.

DM ran a charity for our part of London for 40 years. She worked tirelessly for locals and newcomers alike for a tiny salary. As net contributors to society go, she’s right up
there.

We all know councils lick their lips at the prospect of getting the cash from a London house.

But AIBU - are these social workers being cruel, greedy and dangerous?

It has to do with with the council of the OPs mum needs 24hr care rather than the four visits a day that they will fund.

I wasn’t referring to care funding, l was answering your comment about means testing state pension and other benefits. Care funding is already means tested.

The timing is not great but it’s really unusual for the council to fund 24 hour care at home. They do go with cheapest option which in her instance will be a home self funded by the sale of her house. it’s not greedy they are obliged to be judicious about tax payers money.

Councils have limited resources and are juggling commitments. It makes sense to me that your mum is self funding as has a large, and available, asset.

The problem is that the free care is only provided for as long as the section order is in place, and it’s reviewed every 28 days, so funding would be withdrawn as soon as the circumstances which required the section are resolved.

And people are advising OP to ask for an assessment for NHS continuing health care based on the fact that her mum needs 24 hour care. The amount of care needed is irrelevant, it’s the type of care that’s important. The person has to be assessed as needing nursing care, not just social care and eligibility is based on the complexity and unpredictability of the needs, not the diagnosis itself. It’s incredibly difficult to qualify and eligibility is reviewed three months after the award is made, then every year after that. Funding can be withdrawn at any time after review if the circumstances change, so initial eligibility doesn’t guarantee ongoing funding. If CHC is denied, the NHS may make a contribution towards nursing costs if the person is eligible.

It's a disgusting way to treat her and you. I am sorry they did that.

SS did the only thing possible within their financial constraints to keep your dad safe. Your poor overworked and no doubt exhausted mum could no longer do so and presumably it was totally unfeasible for both parents to move in with you?
But they were extremely lucky to have a daughter, son-in-law and grandchildren providing transport for daily visits to the cate home.

CHC is only granted where care by a registered medical professional is required (e.g use of specific techniques or medications that cannot be done by a carer)

my mum had 4 x double carer visits a day for years (self-funded), when my Dad deteriorated with dementia and went into residential care she also had night sitters (self-funded) until Covid hit and then the care package became unsustainable and she needed 24/7 residential care (self-funded). We rented out her house to fund part of it and it was sold after she died

24/7 care at home, council funded is not going to happen. And it’s a very unstable care package anyway unless you’re saying top whack

No. This is not true.
CHC does not need to be performed by a registered medical professional - that is a myth.

Or supervised.

My mum’s care needs related to post-stroke partial paralysis and acquired brain injury but not considered health-related for the purposes of CHC as the care needs related to mobility, continence, falls, ability to dress, meal prep etc.

high care needs but not high health needs and what health needs there were could be managed by existing provision e.g district nurses

this continued into the care home where neither parent was in a ‘nursing bed’ and therefore their ‘hospice at home’ end of life care was all led by the district nurses.

For CHC, it’s not accurate to say that the person will need support from a registered medical professional. They are required to have needs that require over and above those that are managed by a standard package of care due to their complexity.
CHC has a very high threshold and needing 24hr care is not enough. It’s exactly what the care needs are that is relevant.

That’s very very different to a ‘registered medical professional’

Actually it is. To qualify, the person has to require nursing care, not just social care - it’s the type and complexity of care, not the quantity. And neither is CHC a permanent solution to care fees. It’s reviewed every year and if the person is no longer eligible it stops, although in certain circumstances there can be a contribution towards nursing fees.

FNC is available for self funding residents who need registered nurse input

CHC may, or may not be useful, but is a bit of a red herring at the moment.

Sadly OP has not explained what provision in the will prevents a DPA from being granted by the LA.

Almost certainly a percentage of the house equity will be required to pay for care, but clearly some provision prevents a DPA being offered.

At the very least, that means the house forms part of the deceased fathers estate and no sale will be possible until probate has been granted, therefore no money will be immediately forthcoming to the LA.

It is inappropriate for them to cajole the OP at this difficult time - she needs to seek a solicitors guidance with regard to the provisions in the will and how best to proceed in order that both those provisions are met and ultimately funds go towards DMs care. This takes time, in the meantime LA will just have to fund it and keep a tally, that's the only option they have.

Yes it does. The person has to require nursing care, not just social care. Nurses are registered medical professionals.

Also important for the OP to understand that no social worker has any powers to force someone to sell their home - they can pass the matter to the LA legal department, who can have the matter heard in court with a view to getting an order for sale.

But no judge would force an order for sale if the executor / POA holder is making efforts to deal with the situation and liquidate assets, nor would they over-ride a trust arrangement made by a will - and all this would take months.

No.

This is not correct.

If you have been told this, then you have been given misinformation.

The individual must have a primary health condition with a nature, complexity, unpredictability and unpredictability that is based on health, not social care and requires input than would normally be given by a local authority social care package.

In no way does this mean that a qualified medical professional is needed to Cary out the majority of this.

I should know - I went through the process in the last two years. No nurses needed. Full CHC funding.

It’s not really a red herring. It’s a completely different pot of funding tgat wouod make this nonsense from the social worker disappear - OP will need to be bull headed though in any case. Parkinson’s sufferers frequently qualify. I’m amazed the LA considered it to get themselves out of any and all obligation.

Which would give them time to sort out the problem with the house - whatever that may be. But the disregard only applies if someone is going into full time care - OP seems undecided as to whether that’s the case, or whether they can do equity release to continue home care once the will is sorted. The 12 week disregard only applies to the value of the house. Any other assets, income or funds above the upper savings threshold would be taken into account and the disregard stops if the house is sold or funding is secured with the twelve week period.

We went through the application process in 2022 with a relative. The assessment was carried out after a lengthy stay in hospital because of a deterioration in her condition, and full time care was needed on discharge. and were told that because there was no need for nursing care, she didn’t qualify.

Yup, people are regularly told that. That is HAS to be a medical professional that is needed.

It’s not true.

@Supersimkin7
They know his will is wrongly written and we can’t do equity release as a result.

what is "wrongly written" in the will? Are you even going to answer that?

No. 😁

Op have you got legal advice over the will?

Who's looking after your Mum now?