Disregarded Property position, post death

CaringOne

New member
Jun 19, 2024
1
0
Good morning.
My mother is in a care home, where funding in jointly provided between my mother and the council. She has mixed dementia and alzhiemers.
Her house has been disregarded because my brother, aged 61, lives in her house too (that she fully owns, as my dad has passed away.)
Is there any chance, that following my mums passing in the future, the council could demand back payments for care home fees if my brother decides to sell the property?
thank you in advance.
 

Bod

Registered User
Aug 30, 2013
2,011
0
As I understand it, if mother dies first, then the house goes to whoever in her Will, or is dealt with under Intestate rules.
However should brother die first, then the council will come looking for assets.

Bod
 

Rayreadynow

Registered User
Dec 31, 2023
445
0
I think the term 'disregarded' means that the house has been and will continue to be disregarded by the council for the purposes of 'charges for care'. At the moment the property still belongs to your mother. Once passed on by means of a Will or Intestate process the property no longer belongs to your mother. Since the agreement for care was between your mother and the council they would not be able to demand proceeds from a property that now belongs to someone else.
 

333pjb

Registered User
Jun 17, 2024
22
0
Hi,
I agree with previous post, but do remember nothing if ever fixed, the Local authority (LA), home and even NHS can instigate an updated review as any situation changes. If your mums care needs change or the LA has (another) financial crisis concerning ring-fenced social care budgets.

My Dad's care home was decided by the NHS under (at the moment) the NHS continuing care arrangement. If it transpires that if there is a shortfall between what the care home costs and what the NHS deems their care contribution will be they (the home) will be looking for us to be liable to fund the difference for all the accrued weeks so far. His house isn't disregarded but cannot yet be sold because Dad does have capacity and had no LPA, and court of protection will take 6 months.

You can approach the LA to ask for independent advice exactly what the policy currently is for your own clarification. This won't be seen as you thinking about "deliberate deprivation of assets" - they will already have looked at this and would have acted if the disregard rules hadn't been satisfied. At least you will know what to have to do to remain compliant, which I think is simply your close relative remaining to live in the family home.

If you keep to their rules you should be OK, If there is going to be a potential claw back there is little you can really do now as the power and legislation favours the LA. Any inheritance planning trusts etc. would be too late now and would be seen as deliberate deprivation of assets so you would be pursued. seems very unfair but this is the reality.

Age UK have a number of Factsheets that are useful sources of information See No. 10 and No. 38
 

mhw

Registered User
Apr 4, 2024
72
0
Hi,
I agree with previous post, but do remember nothing if ever fixed, the Local authority (LA), home and even NHS can instigate an updated review as any situation changes. If your mums care needs change or the LA has (another) financial crisis concerning ring-fenced social care budgets.

My Dad's care home was decided by the NHS under (at the moment) the NHS continuing care arrangement. If it transpires that if there is a shortfall between what the care home costs and what the NHS deems their care contribution will be they (the home) will be looking for us to be liable to fund the difference for all the accrued weeks so far. His house isn't disregarded but cannot yet be sold because Dad does have capacity and had no LPA, and court of protection will take 6 months.

You can approach the LA to ask for independent advice exactly what the policy currently is for your own clarification. This won't be seen as you thinking about "deliberate deprivation of assets" - they will already have looked at this and would have acted if the disregard rules hadn't been satisfied. At least you will know what to have to do to remain compliant, which I think is simply your close relative remaining to live in the family home.

If you keep to their rules you should be OK, If there is going to be a potential claw back there is little you can really do now as the power and legislation favours the LA. Any inheritance planning trusts etc. would be too late now and would be seen as deliberate deprivation of assets so you would be pursued. seems very unfair but this is the reality.

Age UK have a number of Factsheets that are useful sources of information See No. 10 and No. 38
Just so you know, if full chc funding is awarded, and the patient is in a placed assessment bed for the chc assessment they have to pay all costs. Its only if the patient is in a home not listed and in their funding bracket butveven then you have right to insist they cover all costs if he was already there and had been for some time.