Legal Q re care home funding

[pearlydewdroptwins]

My dad may need a care home, will we need to sell his house to fund? Mum lives there as does my brother.

If we sell after both parents have died to pay for care, what then happens to my brother who has never lived independently and always lived at home (no SEN)? Brother is mid 60s and not working.

[Mrsttcno1]

My understanding is that you wouldn’t need to sell the house to pay for dad’s care if your mum still lives there, but at such point as it’s only your brother living there if your mum/dad/both are in care home then you will have to sell the home to pay for their care. Although technically they say in some circumstances you don’t have to sell if a relative lives there, in practice it doesn’t often end up that way and at that point it’s up to your brother to either 1) Find a home for himself to support himself 2) Move in with family/friends 3) Apply for council housing

[AsTheyPulledYouOutOfTheOxygenTent]

The house will not have to be sold for DF's care if DM is still living there. And since DB is over 60 then it won't have to be sold if DM goes into care either.
https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/do-i-have-to-sell-my-home-to-pay-for-care/

[JennyMule]

PP above is correct that the value of the property is disregarded automatically when a spouse continues to reside there.
Should both parents require residential care the value of the property is still disregarded where a relative who fulfils certain criteria (age, or disability and some other factors irrelevant here) apply. Your brother's age and disability will mean the house is excluded.
Contributions to care fees are calculated based on income (of the person receiving care) but the financial assessment should make allowances for the costs that continue to need to be paid re the house eg insurance and maintenance etc.
If the adult receiving care has other savings/capital exceeding £14,250 the council assumes that this generates interest and reduces its funding accordingly.

[RollOnSpringDays]

No you would not need to sell it if it is your brothers main home at all. So both of your parents care would disregard the property / value of it.

[pearlydewdroptwins]

Thanks for the replies, I can reassure mum and my brother that they are ok regarding the house. @AsTheyPulledYouOutOfTheOxygenTent @JennyMule @Mrsttcno1 @RollOnSpringDays

I did wonder if the council could force a sale to recoup costs after both parents have passed leaving my brother homeless, so useful to know he can remain there afterwards.