Financial Assessment (council wanting mum’s money)

[redvelvet9]

Long story short, the council have waited for a few years for me to complete an assessment for my mum as she suffered a severe stroke and needed to be placed into a state care home. Her money has been accruing, so has gained a fair bit of interest now. My question is…are the council entitled to this interest? Are they entitled to view all bank statements to this date?
If I’d completed the assessment a few months into her stay, they would’ve taken her money sooner and no interest would’ve accrued?! Aren’t they only entitled to see the bank statements 3 months prior and maybe a few months in? They’re asking for 4 years worth of statements!

They are “entitled” to whatever assets she has to pay for her care. Who do you think pays for state care homes to run? The taxpayer.

Fraid so, if she has the assets then she will have to contribute. (Up/down to a financial level).

Assuming no powers in place that's why bills aren't being paid? Or do you think that she should keep accruing money and not have to fund her own living costs and that becomes inheritance?

Yes they are funding her care so can ask for the relevant statements. However, why have you waited years before completing the assessment?, as you say, money has now been accruing and this is money that should have been paying for her care.

Every asset she has will be assessed as part of the pot to pay for her care.

Equally, if you'd filled the forms in when you were supposed to the council would have had that money for years and would have been accruing interest on it.

Your mother’s income should pay for her care.

What are you planning to do with your mothers money?

Yes they are. Your mums money needs to to be spent for her best benefit. You can manage it so she keeps the max threshold before support is paid for within her accounts but it does mean justifying every spend.

We do this for my aunt. She is in nursing care and we pay for her to be taken on days out, holidays etc as well as regular trips to a beautician to manage her nails, hair and waxing needs. It means she is being well looked after and feels human, like the woman she wants to feel like rather than the one her disability has made her. It also pays for her super expensive wheelchair and any adaptations, maintenance, it needs as the nhs one was not suitable for her comfort.

Why have you taken so long to complete the assessment? Yes your mum should pay for her care if she has the means to, what makes you think she shouldn’t?

They're entitled to see the statements for the duration of the time they’ve been paying for her care.

Do you have financial power of attorney for her?

If they'd had the money, they'd have got the interest.

It’s social care, not the NHS. Services are chargeable based on a financial assessment.

@Namechangeforthis88 brilliant point. Wish I thought of that

Do you not understand they’re entitled to all of it, bar the last £26k or so, if that’s what her care costs. They don’t fund people’s care home fees - she has to pay them in full

However, she may qualify for Continuing Health Care, which is free.

https://beaconchc.co.uk/what-is-nhs-continuing-healthcare/

No I’m not that dumb to think her money would be inheritance. No, I don’t have any POA.

Thanks, never heard of this.

They would have been able to pay less for her care and could argue the interest is theirs because of the opportunity cost of not having her money for that long. If your council is in debt they may well have been paying interest on the outgoings for her care too. Have you gotten the interest paid into your account or do you just not want to have to get 4 years of statements? If council suspects that money owed to them has been spent in knowledge of care fees they can go back a lot further than 4 years.

It’s irrelevant whether it’s interest or original capital. If it’s her money, they’re entitled to it, until it’s down to the capped amount.

Just an FYI social services should have done a CHC checklist when your mum moved in. If SS have been paying the fees, they would / should have done the checklist to see if any funding could come from the NHS.

This. What justification do you have for waiting years to complete forms?

Who is looking after her finances? You don’t have legal power to.

That is none of your business. If you don’t want to answer the question, move on.

Think this is a perfectly reasonable question, if you don't want to answer questions you shouldn't post.

Might be a benefit appointee?