Help please - Tenants in Common

[jenniferpa]

Why August 17? We're they self-funding until that point? I'm assuming you have had ongoing discussions with the la over the last 6 months?

You may not perhaps want to share this info here and that's fine. But assuming there have been discussions and this didn't just come out of the blue, you need to talk to a solicitor who has some knowledge about this sort of case with your la : this probably isn't a case of just going with the person you used to buy the property, although they should be able to point you in the right direction.

 

[annawolowiec]

Why August 17? We're they self-funding until that point? I'm assuming you have had ongoing discussions with the la over the last 6 months?

You may not perhaps want to share this info here and that's fine. But assuming there have been discussions and this didn't just come out of the blue, you need to talk to a solicitor who has some knowledge about this sort of case with your la : this probably isn't a case of just going with the person you used to buy the property, although they should be able to point you in the right direction.

17 August is the date when the 12 week porperty disregard ended. Since then we have been asking on a weekly basis what is happening and we were told someone will contact us to come in and value the property. Meanwhile we had a financila assesment in September and the letter was the outcome of the financial assesment were they have stated that property will not be disregarded. I have managed to speak to social worker this morning who said she knows nothing about the letter and the panel who decide on this have not had a meeting yet as the valuation of property hasn't taken place yet. I am worried that I will be billed for the backlog of care and also lose my house. I did say to social worker that in this case we will take my in laws back home and look after them by getting private care however we were told this is not possible due to a best interest meeting which took place and the decision has been made that they need to remain in a home. I feel as if the decisions have been made without my and my husbands input as we were never advised to activate the power of attorney. Apparently we cannot overturn the decison which was made.

 

[Leswi]

Speaking from personal experience of 2 properties where other family lived in property and part owned with the people who subsequently needed care ... only the share of the property owned by those needing care can be counted in the financial assessment. Once their share of funds passes under the self funding threshold, around £23,000 each from memory, they are no longer fully self funding. If you are all in agreement you can enter a deferred payment agreement to pay when the property is sold. There will come a point when the local authority will want to enforce the agreement to obtain payment. If you are keen to keep the property and have the means to buy out their share, remortgage etc, that is something else to think about. Usually two independent valuations are asked for to ascertain figures involved.

 

[Shedrech]

this may be a way to get some advice
https://societyoflaterlifeadvisers.co.uk/

I appreciate that you are wanting to look out for your children, any parent would
the LA have a responsibility to make sure that they only fund those who do not have the wherewithal to fund themselves, and to ensure those that do make arrangements to have their fees paid - had your parents lived as a couple in their own home, the LA would be expecting them to self-fund their care which would most probably have required the sale of the property - so yours is a particularly tricky situation for all concerned
there will be a reason that the LA have requested fees be paid from that date - only you know what previous contact there has been with them
probably best to go straight back to them, put your point and ask for clarification - meanwhile seeking professional advice
have you Power of Attorney for finance & property for both your parents? (the mention of a best interest meeting seems to imply that you don't hold the health & welfare POA and that your parents are no longer considered to have capacity to manage their affairs) - if not someone will need to apply to become the Deputy for each of them to have the legal authority to manage their affairs

NB post crossed with previous posts - some points therefore moot
how would you have funded private care?

 

[annawolowiec]

My husband has both but none activated. Social worker said that even if we acivate we will not be able to take them out of care home.

 

[Shedrech]

might it help to actually speak to someone - as we can only write responses, and give opinions

worth contacting the AS Helpline as they have a lot of knowledge and may be able to direct you to further support
https://www.alzheimers.org.uk/info/20012/helpline

the Social Worker is correct - the result of a Best Interest meeting has to be followed - it's my understanding that it would be the same had your parents still had full capacity
if you feel that you weren't given the chance to fully give your account of your parents' situation, you will need to take this up with Social Services

 

[jenniferpa]

Well you should register them now. It's not just about taking them out of the home but that without registration you can't speak for them at all. I don't fully understand why you didn't take this step back in March but what's done is done.

 

[Pete R]

Also without the LPA's registered no one can agree to a DPA on behalf of the parents.

 

[Pete R]

Apparently we cannot overturn the decison which was made.

You would have to apply to the Court of Protection if you really think they would be better off with you rather than in a CH.

 

[Pete R]

Apart from the case that Pete posted above (and that is from almost 20 years ago when different laws were in effect) I am not aware of a case which is really on point here, which doesn't of course mean there isn't one.

The case law is still valid and can be applied to the new Act till any new cases change those decisions.

There was someone on here a while back that owned a part share of a house along with his father who had gone into care. He lived elsewhere. The LA were taking him to court to force a sale as the share did have a value to a buyer. If he had lived there as his only home it may well have been different.

 

[jenniferpa]

I vaguely remember those posts. And that's supported by the other case you mentioned.

I really think the op here needs competent professional advice. I'm not sure why nothing appears to have been done during the 12 week disregard period as just having that put in place should have served notice that the la's position was that the home was an asset. But it's not too late in my view although I wouldn't leave it any longer.