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

[Thebluespoon]

Once the remaining partner (who is currently living in the house) dies?

I am not sure if I should have placed this thread in the Money matters section but thought there may be some people on here who have gone through this.

I am a bit confused following a meeting with my parents finanical advisor.

Mum has Alzheimer;'s, it's been 7 years since her diagnosis. She lives at home with my dad and between my dad, my sister and myself we have been helping to look after her. However, following an awful fall in June and subsequent hospital stay mum's dementia has progressed rapidly and she is now double incontinent and can only walk aided and even that is tricky. We now have private carers who come in 3 times a day.

We are hoping to keep mum at home for as long as possible but we are aware we are on borrowed time and there will come a point when the home carers are not enough and we will not be able to cope, at this point we will have no choice but to look into care homes.

Mum and dad have investments. Because of mum's recent change in circumstances Dad and I had a meeting with his financial advisor yesterday. My parents investments were changed after mum's diagnosis in 2018 and most of them are now in dad's name (all done under the financial advisor's advice). There is a fairly good chunk under mum's name but this wouldn't last too long if mum went into a care home tbh.

The financial advisor said as soon as mum's investments fall to below the £23,250 threshold the LA will step in and pay (obviously that will be after a full assessment).

Mum and dad own their own home and I know the LA can not force any sale of the house whilst dad is alive and resisding there but I was under the belief that if dad were to die or mum ran up a care bill which exceeded the amount she has in investments then the LA can take the remainding figure from the sale of the house (after dad passes away or if he were to die whilst mum is still in care). The financial advisor says this would not happen.

I am a bit confused as I hear constant stories of people in care homes having to sell their homes to pay for the fees or a large chunk taken out from the sale of a house once the remaining partner passes away and leaves the house empty.

Does anyone have any experience of this sort of issue?

Should also add that my dad's side of things are all in trusts, this was set up by their solicitor.

I'll judge away. I'm only too happy for my taxes to pay for care for people who aren't well off.

They aren’t wrong though are they?

Thank you. This was my understanding too yet when I put this question to the FA yesterday he said mum's side of the house would not be touched, if dad was to die first. I am sure he is wrong and why I do need to get this clarified by someone for my own peace of mind.

I second looking at Beacon for CHC funding. This only applies if a very detailed set of medical/nursing needs are identified. It sounds as though your mother might qualify. Please get advice from Beacon on all this as I found that nurses/doctors etc. know very little about it and fill in the preliminary form wrongly - or give false advice. Often they will tell you it is only for the terminally ill, or you can only receive this while you are in a home - both are not true.

My late OH did get this funding on appeal after 2 refused applications. Beacon were very helpful with this. Their advice is free up to a certain length of time, so it is worth researching a bit before you speak to them so that you do not use up your time on info you could have found yourself.

For us it was a fight, at a time when I needed that like a hole in the head, whilst dealing with the trauma of my OH's illness.

As I explained earlier, I have not set up this trust or encouraged my father to do so either. He did this some years ago following the advice of his solicitor. Neither my sister nor I have asked him for anything. He has decided this himself and I can not overturn his decision, I simply sit at the meetings and take notes for him.

I own my own house, have my own money. I wish for nothing financially from my parents.

Thank you, that is the advice I am looking for. I will definitely look into this a bit more.

Thank you. This was my understanding too yet when I put this question to the FA yesterday he said mum's side of the house would not be touched, if dad was to die first. I am sure he is wrong and why I do need to get this clarified by someone for my own peace of mind. - gosh! - that's not true!

If he leaves her his assets then they become hers and are taken into account.

Where has this FA put the assets? Whose name are they in? Who will they go to when he dies?

Honestly, at this difficult time I am sure you would find it easier to "play it straight" without all this underhand shenanigans - I do understand that this is coming from your Dad and not you.

That's fine then. But obviously in reality the house was just as much hers as it was his so it should be sold to pay for her care when he passes.

Please take advice there are many specialist IFA’s who deal in a long-term care advice and understanding of whether your parents house will be taken into account.

Our situation played out that dad went into care but outlived mum. This meant all of my mum's assets became his, he became full owner of the house, and these were all taken into account in the financial assessment.

Our situation was further complicated by my older brother being resident in the house upon my mum's death (he had been their carer). So although my dad fully owned the house the fact that a first degree relative over a certain age was resident meant that it wasn't initially part of the financial assessment. But, unfortunately, my brother died suddenly with my dad outliving everyone involved. So, the house became part of the financial assessment after all.

We are not 'well-off' my parents are both working class, my father had nothing as a child and worked from 14 until 74. Judge all you want, if that makes you feel good about yourself. I started this thread asking for advice NOT to be made to feel like a money grabbing arsehole.

I am asking for advice so my sister and I have as few shocks as possible when my parents die. Not that you have advised me in any way but hey that's MN for you.

Thank you, I will look into that, mum also has breast cancer so that may be helpful to contact them?

It is all a constant battle isn't it? Seems to be my full time job these days.

I have been through this with in-laws. No, you cannot have everything in the “non-Alzheimer’s” person’s name so the other gets free care. When your dm gets down to £23k there will be a full assessment of assets and, no, your df cannot be turfed out of the house, but a lien may be put in place. It would be not only unethical but would not get past the council to place everything in spouse’s name.

With mil, everything was in her name as she paid less tax. It was permitted to divide assets in half, but not to shove the whole lot over to fil, including house ownership. Obviously you cannot normally transfer between spouses, but when it comes to claiming benefits (including council-funded accommodation) the whole picture is looked at.

When you say “will the LEA come for some of the money” did you mean to say “will the LEA ask them to pay some of the cost of their care”?

I meant normally you CAN transfer between spouses!

Hi op - I agree with the comment that your FA may have advised moving assets into your dad’s name as he has mental capacity and saves you faffing around with PoA over mountains of your mum’s assets.

I just wanted to say I know how stressful and tiring it is providing care and working out how to plan for the costs. I’m sorry that people have come gunning for you with the assumption you are grasping for an inheritance.

On other more sympathetic threads it’s acknowledged what a lottery it is - some people have a parent that drops dead of a heart attack, but after years of expensive treatment for smoking- or weight-related illnesses maybe being unfit to work and pay taxes having done little or nothing to help themselves. At the other end you have families providing years of care for people with dementia and then finding that this very expensive kind of care right at the end of their lives drains away all the parent’s savings and assets.

People get very het up about it but the truth is truly wealthy people simply find their inheritance tax reduces, no sweat. And people with nothing don’t have to contribute. It’s the people in the middling wealth category that stand to lose out, which is the way it always is.

Once again this means we are pitting the poorest people against the people who have tried to claw their way out of poverty for the sake of future generations, through some luck and usually a lot of hard work too.

Hope you find a good answer to your issues.

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.

Yes, that is what I meant. The FA said no but I am worried his information isn't fully correct and I'd like to find out for sure so that dsis and I aren't faced with anything unexpected. I like to plan and be prepared as much as I can.

I definitely worded my op wrongly!

Thank you for your understanding.

Thank you. I'm leaning towards thinking that a good care home is now the best place for mum, it is getting increasingly difficult to keep her occupied, I want the best for her, she has been a great mum and my only wish is to see her well cared for as she comes towards the end of her life.

If that means continuing with a private care home and using money which is attached to the house once her savings have been drawn upon then I'm all for that, I just don't think the advice given by the FA was accurate so I will definitely be looking for some advice elsewhere for my own peace of mind more than anything.

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.

Following

....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.

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