Advice Needed Please (Care home funding)

[Hayley jane]

I was advised to severe the tenancy only a week ago by a solicitor for my mum and dads house. I asked if that would be considered as deprivation of asset and he said no. He also advised that mum make a new will leaving her half to my brother and I. We are currently in the process of doing this. I should say this was advice from 2 different solicitors. He also added that we should remove mums half of the joint account and then continue to use it .

 

[canary]

The LA told me it would be disregarded. I was also told by them that if my dad were to die first then mum a few years later they would then take the property into account after her death.

I would double check that the house would definitely be a mandatory disregard, because whoever told you this doesnt know his stuff - its a mash up of disregard and deferred payment. It cant be both, so find out which it actually is - especially in the light of your parents divorce - they may (like me) have overlooked that the rules may not be the same if divorced.

 

[derek50]

I was advised to severe the tenancy only a week ago by a solicitor for my mum and dads house. I asked if that would be considered as deprivation of asset and he said no. He also advised that mum make a new will leaving her half to my brother and I. We are currently in the process of doing this. I should say this was advice from 2 different solicitors. He also added that we should remove mums half of the joint account and then continue to use it .

Glad to hear that, I also checked this with 2 solicitors and a barrister and they all agreed that it would not be considered a deprivation of assets.

I would double check that the house would definitely be a mandatory disregard, because whoever told you this doesnt know his stuff - its a mash up of disregard and deferred payment. It cant be both, so find out which it actually is - especially in the light of your parents divorce - they may (like me) have overlooked that the rules may not be the same if divorced.

Should be mandatory as my parents have always lived together even after the divorce , just copied this from ageuk

In some situations, your home won't be taken into account in the means test. There are a few circumstances where this applies:

If your care home is permanent, it won't be counted as it's still occupied by:

your partner or former partner, unless they are estranged from you
your estranged or divorced partner IF they are also a lone parent
a relative who is aged 60 or over
a child of yours aged under 18

 

[Louise7]

@derek50 You'll see from the guidance I gave you the link to in my earlier post that it is worded slightly differently from the Age UK advice and refers to the mandatory disregard not applying if the house is occupied by an estranged or divorced partner.

This is an important point, and as your dad's & mum's living arrangements aren't that common I think that it's best to seek expert advice rather than rely on internet forums. I suggest that you speak to the dementia connect helpline who can point you in the direction of those who are best placed to confirm the actual position for you and avoid further confusion - don't forget to mention that your parents are divorced. They're open tomorrow so give them a call: https://www.alzheimers.org.uk/dementiaconnect

 

[derek50]

Strange, when I look within the "Care and Support Statutory Guidance Issued under the Care Act 2014" it matches what age uk says. I can't post the link as I haven't made 10 posts yet. I will give them a call tomorrow, thanks again for the help.

 

[Jessbow]

Them being Divorced surely complicates things?

A house is disregarded if your spouse lives in it - she isn't his spouse.

It is unusual that a divorced couple still jointly own a property.

I think he will be liable for his fees as he owns half a property which is currently occupied ( by whom is almost irrelevent, its NOt hs wife), and when that person passes away, then the asset will need to be realised to pay his fees.

You need to be absolutely crystal clear with the authorities, Its not a usual situation. The confusion between disregard and defered seems to have come about because the person living in the house, is not a spouse, and different rules apply. A house occupied by a spouse is disregarded. A house occupied by Mrs AN Other isnt

 

[canary]

Ill just add that even if you discover that your mum doesnt qualify for a mandatory disregard, the LA may award a discretionary disregard - although these are becoming harder to get.