1. Aud

    Aud Registered User

    May 31, 2005
    7
    Newcastle
    Hi its me again,

    sorry its been sooooo long since last on site but lots have happened. Mum is now in a nursing home and after a terrible start she is settled brilliantly. However we now are entering another phase.

    Dad visits mum every single day without fail and spends anything up to six hours with her ( what he finds to do or say I haven't got a clue but I guess its just to be there in her presence - which is awesome when you think about it!) However he lives over 8 miles from the home. he drives every day and we are now discovering that his driving is not particularly good!! (never has been according to mum!!) He is now considering moving closer to the home. This is great but it does cause him another headache.

    The house he lives in now is much more valuable than the house he would go to which releases up a fair amount of funds. However he pays £100 per week for mums care, would he have to pay lots more per week if he releases these funds.


    Is there a way round it because why should my mum and dads money have to chipped away at after them spending all their lives building it up.

    Sorry for the garbled question?

    Good to be back

    Aud
     
  2. Brucie

    Brucie Registered User

    Jan 31, 2004
    12,413
    near London
    Hello Aud,
    Is the house owned in joint names? If so, does he have an Enduring Power of Attorney [EPA] for Mum?

    If so, my understanding is as follows:

    I'm in a similar situation, in that Jan is in a care home, our house is in joint names.

    The house is far too big for me, so our house is on the market at the moment.

    I have sought legal enlightenment and the best place is the AS Legal person. Fantastic!

    I also checked that the Court of Protection agreed.

    Story far as I understand, for me, is:

    I can sell the house and buy another.

    If the value of the new place is the same as the current one, and it is also in joint names, then the value is retained. i.e. no-one can grab the funds.

    If the value of the new property is less than that of the current one, then, after expenses of selling, the difference is split and one half goes to the husband, the other into an account for his wife. [it would pass back to him should he outlive her]

    I guess that the account holding the funds in the wife's name might be plundered for home care fees, and it would be worth seeking advice on that.

    Just what the situation is where there is no EPA, I don't know. It will most likely be more complex, and underlines how necessary it is to create an EPA earlier, rather than later. [which is no consolation if one hasn't got one, I know!]

    I hope this helps, if only a little....
     
  3. Sally

    Sally Registered User

    Mar 16, 2004
    114
    London
    paying for care

    Hi Aud,

    If the house is held in joint names and sold then your mother will automatically receive half the profit and if that comes to over £20,500 she will pay for herself until this money goes down to £20,500. Then you father will be back to square one, topping up the local authority's money by £100 a week.

    Of course, I am assuming that the £100 your Dad gives is a top-up?

    It is possible for your mother's attorney/receiver to gift certain amounts of money every year. The person who is the attorney or receiver should contact the Public Guardianship Office (PGO) in London to negotiate an amount that is 'reasonable' to give away. You can also use some of your Mum's money for the upkeep of the house your Dad lives in but it is best again to clear all of this with the PGO. In this way not all of her savings will go towards paying for care but some can also go to her nearest and dearest.

    I hope this helps,

    Regards,
    Sally
    x x x
     

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