How do care homes work in Scotland?

[Rae36]

Posting here in case things are different in other parts of the UK.

Please help us before my entire family explodes with stress.

My elderly aunt needs to go into a care home. She's 97, currently in hospital and not well enough to be moved into a care home. But she won't be back in her own home sadly.

She's been assessed as needing nursing care and we've got her name down for a couple of suitable places when she's ready to move.

My poor dad is responsible, has POA all sorted, has managed her affairs for a while.

Aunt has some savings and a house to sell.

Dad has got it into his head that when she's used up all her money he'll need to pay top up fees for her. He's seen this in a care home contract.

But that's not compulsory, right? Can a care home make you agree to that? I thought not, but once your self funding runs out you might be moved to wherever the council agrees to fund you.

Please can someone explain in plain English how this works? I thought I had understood it but my dad is convinced I'm wrong. I suspect this care home he's talking about are not taking the time to explain all the options and are maybe pushing this commitment to top up fees.

In reality she might never be well enough to get to a home but it would be good to understand all our options all the same. It would save a lot of worry.

Thank you so much.

Your dad definitely should not sign a contract agreeing to pay top up fees unless this is what he wants to do, because if he agrees to this then a care home can enforce this.

Some private care homes have a contract with the local authority, which means that when someone's savings reach the upper threshold for capital, the care home can start charging the local authority rate which is cheaper than the private rate.

So it would be worth your dad asking this of the care home. If the answer is no, then the options will be (in the case of her capital dropping to the upper capital limit) for your aunt to either stay in the care home with someone paying top up fees (not a great option unless there's someone v rich who can do this), or move into a council run care home or a private care home with a contract with the local authority.

If possible it might be better to find a care home now that will accept a local authority rate at such time as it's needed.

I'm trying to remember now. My DM was in a similar position, I think she had savings slightly over the threshold for council support but we were recommended to buy a funeral plan to bring it under. I think the agreement was that we had to sell her flat within a year to continue funding when her savings ran out. We also had to wait until she was well enough to be moved but she died within days of moving to the home . The home were very good about refunding deposits etc.

This was in Edinburgh. The funding etc is all done through the Council so I think your first stop is to look up the relevant council website and see what it says.

Local councils should be basing their funding on national guidelines - the Scottish government's charging for residential guidance (CRAG). Your dad might want to speak to your aunt's social worker for further advice re funding; also look up Care Info Scotland too.

Your dad definitely should not sign a contract agreeing to pay top up fees unless this is what he wants to do, because if he agrees to this then a care home can enforce this

This is the thing. He thinks he has to sign this. Whether that's because he misunderstood or the care home explained it badly I don't know.

I think they put it in quite emotional terms as well, if her funding runs out and you haven't signed this then she'll lose her home type thing.

I can't quite figure out whether he thinks he's legally or morally obliged or both.

But it sounds like he's not under any obligation in any way and I need to make sure he knows that and doesn't sign anything.

I didn't realise that about buying a funeral plan too. Sounds so heartless but also really practical, like so many of these decisions we're having to make right now.

If the care home doesn't accept residents at LA rate the someone will need to pay a top up or she will need to move somewhere else. Finding somewhere my Dad wouldn't need to move from was our priority because he had dementia and would have struggled with a move.

I think there are also financial products called lasting care annuities - you pay a lump sum up front and the the cost of care is covered. The downside is if the person dies soon after going into care you don't get money back. I looked into these several years ago when I thought mum might need residential care.

The home we used required the top up but the onus on that was that it would come from DMs savings and then the proceeds of her house sale. Unfortunately we weren't happy with the homes that were at the LA rate so would not have used those.

Realistically OP if your aunt is 97 and in poor health then it might all never happen and she may not make it out of hospital at all. The hospital will want her released as soon as they can but they can't force her out if there is nowhere suitable that can meet her care needs. Unless she was in extremely robust health prior to her current illness then you aren't really looking at long term care imo. Sorry if that comes across harsh. Your dad has no financial liability for your Aunt but as her POA he might be signing on her behalf for her to be responsible for top up fees rather than signing that he is.

Your dad has no financial liability for your Aunt but as her POA he might be signing on her behalf for her to be responsible for top up fees rather than signing that he is

That's a possibility, he was in a bit of a panic. I'll get him to check.

And it's not harsh @BinBandit, I think it's quite possible that she won't make it to a care home at all. But equally she could go on for a while yet, I just want to be sure my parents are not committing themselves personally to something that might drain their savings as well as hers.

But I'm clear in my mind now that my dad has no legal obligation to pay the top up fees, my aunt will pay them herself for as long as she is able and if she is not able she will need to move somewhere cheaper.

But it probably won't get that far so she may as well be somewhere really nice for a while.

Thank you everyone

Good luck with it OP and the more I think about it, the more it makes sense that it would be your dad signing for your Aunt's liabilities and not on his own behalf.

www.careinfoscotland.scot/topics/care-homes/paying-care-home-fees/

My dad was in a council run care home in East Lothian for many years. He had no assets. We (my brother) paid quite a large contribution to this.

I always had the notion that Scottish care homes were free, but that is definitely not the case.

I'm annoyed that my brother paid the fees all on his own, and didn't ask me to help out.

The personal care element of care in a residential setting is 'free' but you still have to pay for food,heating, accommodation etc

Your aunt should have been assigned a social worker, who would be a good person to help navigate all this.