Independent clincial assessor for appeal/ advice on protecting home from council fees

[Lhg]

Dear All,

I am currently in the process of appealing the NHS continuing healthcare for my mother who has Alzheimer's. I've been recommended to find an independent clinical assessor, but having a hard time locating someone. Has anyone used someone like this for their appeal. My mother and I are based in north west London.

The other issue is that I know that I will have to defend my home (half of which I own, mother owns other half) from the council taking it to pay for fees. Would anyone be able to recommend a) a valuer who is aware of CRAG and b) would I need a lawyer, or is it possible to fight without one?

Unfortunately, I have become very wary of people trying to take advantage of someone who is a vulnerable situation, so really appreciate any advice from people who have been through the same situation. Many thanks.

 

[nitram]

The valuer does not have to be aware of CRAG, any qualified valuer (e.g. RICS) will be able to provide an 'open market valuation' of your mother's share of the property taking into account that you are not prepared to sell your half. You can find such valuers in either firms of surveyors or larger estate agents.

Have you read CRAG on the matter?

7.017 Where a resident is a joint beneficial owner of property, i.e. he has the right to receive some of
the proceeds of a sale, it is the resident's interest in the property which is to be valued as
capital, and not the property itself. The value of this interest is governed by

1. the resident's ability to re-assign the beneficial interest to somebody else

2. there being a market i.e. the interest being such as to attract a willing buyer for
the interest. Regulation 27(2)

>>>CRAG<<<

You might also like to read >>>THIS<<<

 

[Egeon]

The other issue is that I know that I will have to defend my home (half of which I own, mother owns other half) from the council taking it to pay for fees.

Did you care for your mother in your home and are you over 60? If so they should not be able to take your mother's half at all (see the CRAG document)

 

[Lhg]

thanks for advice

Many thanks Nitram, yes I have read the CRAG but have been warned that the council will play dirty but also wary of going to lawyers. The government ombudsmen link is very useful indeed.

Egeon, not in my 60s, but thanks for your input.

 

[nitram]

Here's >>>ANOTHER OMBUDSMAN'S RULING<<<

 

[Lhg]

Thanks Nitram.

 

[Treacle72]

keeping a roof over my head

I am in the same position and would like to know when the time comes if the govt can make me sell the house I jointly own with my mum in order to fund her continuing care