Complicated Care/Capacity Issue

[Petal12]

Evening all, I’ll try to keep this brief. My aunt and uncle are both elderly with no wills or LPAs. Both currently in hospital with the intention to go back home. Before they can the house needs a deep clean and various adaptations made. 24 hour live in care is required with all the above to be self funded. My aunt has capacity but limited funds. He holds the bulk of the money in his accounts but we do not believe he has capacity. We are currently commencing a deputyship application for him with the COP3 being the initial step but this is likely to take over a year. He used to write a cheque to my aunt each month to cover his half of the bills - is it untoward if she asks him to transfer a substantial sum to her to pay for some of the above - it is for both their benefits and they are married. I feel this is wrong in some way but can’t pinpoint why! I cannot fund any on the basis that it will be paid back at some stage as I simply do not have that sort of cash. The hospital social
worker is pushing this agenda of going home, which I do agree with as I think they’ll be much more comfortable there and actually less confused but in the same sentence she’s seeking my authority to instruct deep cleaners and expecting me to meet the invoice whether from my pocket or seeking it in some way from my aunt and uncles accounts! Thank you

The social worker should be organising gross funding without prejudice, whilst you apply for deputyship.

I’ve had an elderly relative in hospital recently and social worker did Nothing. Nothing. Our LA social services never did any home assessment. No visit. Nothing. Relatives had to do everything themselves including finding carers. 26 phone calls later……

Social work for vulnerable elderly with relatives is zero. You will be lucky if they don’t just ignore you. This is why hospitals are full to bursting. Cleaning a house won’t cost that much but care costs are massive.

Hi, used to work as a LA solicitor. The advice I'd give a SW in this situation is to arrange all services needed to facilitate return home (incl deep clean) on the basis that the charges for doing so are accrued ie LA pays for everything and LA is reimbursed once a deputy is appointed for uncle. As she has capacity your aunt can be assessed and agree to contribute her share of any assessed charge from her immediately accessible funds, but should not be asked to pay for husband's care. Aunt can also provide LA with info about her husband's financial position (if she knows this) so that the LA can work out what he ought to pay. LA will invoice regularly even when they know that the accrued debt cannot yet be paid as no-one is legally authorised to do so - keep your nerve and be very firm that you are not personally commissioning or paying for any cleaning/care etc . Good luck.

@JennyMule
Im really sorry but they don’t assess needs on release rm hospital in many areas. What used to happen is not what happens now. No one from SS or LA ever contacted us. Hospital failed over three weeks to get assessment set up. In fact as soon as patient is ok to go home, off they go. We were ok for 3 occasions when this happened but not on the 4th when DM was 98. I wish you well OP but LAs no longer comply with the law.