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  1. #1
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    Feb 2012
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    Dad going into care home

    Hello hoping someone call help me answer a question about proceeds from sale of family home. Dad is going into care home next week mum is continuing to live in their house so Dad's care is being partially funded. Mum is not in the best of health but if she should pass before Dad will all the house proceeds be used towards his care? I have had differing views some say only 50% can be used the other 50% can be inherited by myself and my brother others say no all the house transfers to Dad and all the proceeds can be taken towards his care costs.

  2. #2
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    Mar 2011
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    Southern England
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    I have had differing views some say only 50% can be used the other 50% can be inherited by myself and my brother others say no all the house transfers to Dad and all the proceeds can be taken towards his care costs.
    This depends on whether the house is owned by joint ownership or by 'Tenants-in-common'. If the former, then yes, if the partner remaining in the house dies, then the whole house will become an asset of the partner in the care home and will be taken into consideration by the LA.

    However, if 'Tenants-in-Common' then each partner owns a half of the house and can bequeath their half to whomsoever they choose. Therefore only half the house will belong to the surviving partner, so that a sale wuld not be feasible.

    If the former, t is not too late to change to 'Tenants-in-common'. It can be done unilaterally - I did it last year, thanks to advice from Jennifer!

  3. #3
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    Join Date
    Aug 2011
    Location
    wales
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    170
    We had the same problem last year. My mother has dementia but father was getting frailer. Mum was still living at home but we realised that if dad died then she would need to go into ch as needed 24/7 care and all the money & house would go to LA.

    Solicitor came out to see dad and arranged documents to change from joint ownership to tenants in common. He then changed his will so now half the property is between my brother, sister & myself.

    My father & I felt it unfair (some will not agree) that working hard, saving and purchasing their own property meant they were penalised by having to pay for all care etc and have to sell their house to pay for it as well when others who may have enjoyed themselves and spent all their money had everything paid for by the LA.

  4. #4
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    Join Date
    Aug 2013
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    1

    Mum in care LA, stating they want to reassess if dad moves out of home

    Same thing with us, Dad and mum are TIC, mum just in care now, LA have sent a letter saying the house is disregarded at present as dad still lives there. He is very ill, so not sure how long he has. Anyway, we had the financial assessment done, weve since recieved a letter stating.
    "
    Will the value of property form part of my charge?

    I understand that you have a 50% interest in the property, xxxxxxxxxxxxx The value of your share in the property is not taken into account when we work out what you have to pay for your residential/nursing care for the first 12 weeks, but is usually taken into account when assessing your charge after that.

    However, we have decided that your share in the property will not be taken into account at the moment because your husband is still living there. If the situation changes and your husband moves out of the property the value of your share in the property will be taken into account when we work out what you have to pay. The value will be taken into account from the date your husband no longer lives there.

    Please let us know as soon as there is any change. Any change in the amount you have to pay will take effect from the date your husband no longer lives in the property even if we don’t know about the change until sometime after it occurs.

    From time to time we will need to contact you or your husband to get an update on the situation.

    If your property is sold in the meantime would you please let me know."

    Now, to me this is a very cleverly worded paragraph
    The house is obviously disregarded as mention earlier in this thread, however, its the if he moves out bit, that could confuse people, I can only assume this is deliberate on behalf of LA.

    Dad, will most likely pass while living at home, so really, we dont need to inform them hes moved out, because he hasnt.
    Then my sibling and i will be joint owners of half, due to the TIC.
    Obviously, we'd need legal advice, but am I correct in thinking that the LA cannot come back later on if its already disregarded?

 

 

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