Battle with the PCT

[Brianj]

Hello Everyone and thanks to those who contributed to my thread which I started 23 March 2007. Here is the link to remind you
http://www.alzheimers.org.uk/talkingpoint/discuss/showthread.php?t=5953

I have just heard from our lawyer, who was handling probate, and he states this

I have now heard from the Council who have backed down in that they do now accept that your Mother was entitled both to sever the joint tenancy of the property and to do what she wanted to with her half share. However, they say that they do consider that your Father's half share does have a market value and have said "......in this particular case, we understand that the property currently stands empty, and therefore we consider that the property could be sold in order for Mr xxxxx's share to be realised."

This is good news. As is often stated we have won the battle but not the war. The next step is to prevent the house from being sold arguing that the children (my two sisters and I) own one half and don't want to sell and that my sister 'X' is EPA and has stated that it is not in our father's interest. Our father has late stage Alzheimers with Parkinsons, glaucoma, diebetes and thalassemia (a B12 cross link). The reason: it is not in his best interest. I have already spent four weeks in the house this year (I am a Finnish resident). My family who live in other parts of the world will do the same. This is for the well being of my father.

Anyway I thought those who helped in this forum before may want an update. It seems that a PCT even if they know the outcome can challenge with impunity and drain vital resources (emotions, time and money) from a grieving family.

I went back 2 weeks ago to start the process of fully funded NHS continuing care and have written reports to Social Care for an erroneous assessment reported 3 weeks ago and to a PCT Dr questioning the administration of medication. During this time we managed to get father into the adjoining EMI wing, well actually the move is Saturday so I am flying back to Peterborough this Friday.

I would also like to thank in this forum the local Peterborough Alzheimers Branch who have been more than supportive in the matter of my father.

Regards

Brian

 

[Grannie G]

Well done Brian, perseverance pays off. Such a shame you have to battle though, isn`t it?

 

[Gromit]

Good for you!

Glad to here you have won the battle! I sincerely hope you also win the war!

I have followed your thread with interest as I am uncertain at the moment how to deal with my Mum and Dad's financial interests.

Having just received a diagnosis of early stage AD for my Dad - my Mum is now worried about their property in the future should Dad need care.

Mum and Dad have worked hard all of their life and wanted to leave the property to their children. We are going to seek legal advice on how best to meet their wishes - perhaps this can be done through their will. I don't really understand though what would happen if Mum passed away before Dad and he needed to go into care. Would they sell the property for care costs against the wishes of the will?

Its all very confusing - so do continue to post - it may just help make some sense out of this madness.

Thanks for sharing.

Alison
x

 

[sue38]

Phew! That's a relief - thought we were going to have to review advice re severing joint tenancies. Thanks for keeping us updated.

I can't help thinking this was a 'try-on' by the Council. Glad you got it sorted but one more hassle you didn't need.

Good luck with your battle not to sell the house, and keep us updated if you have the chance.

Sue

 

[Brianj]

Mum going first

Hi Alison
My mother had created a tenancy in common in 2002. My father went into a home in 2003 after a few years of respite.

My mother died last September even though we all thought he would go first it wasn't the case. I suppose if my mother had been wiser, at the time father was first suspected of having Alzheimers, she would have got a lawyer to draw up a will for him too while he was still able to make decisions. As it is father is intestate. The PCT want his half of the house to pay for him. They have deemed him self funding and we now owe them around 20.000. From the day after mother died. Our strategy is now to apply for fully funded continuing care which I know is very difficult to get.

So get something done Alison and with a lawyer

Regards

Brian

 

[sue38]

Hi Alison,

Yes you need to seek legal advice, but basically the house would be disregarded when assessing your Dad's financial situation if your Mum is living in the house.

If your Mum were to pass away first you need to make sure that her share does not pass to your Dad (and vice versa) as if he was, or went, into a home the whole of the value of the house would be included when assessing his financial situation.

I think you have already done EPA's? If not that something else you need to ask about.

The problem with wills is that they only 'speak from the date of death' i.e are of no legal effect until you die and can only deal with the property you have at death. If for example I made a will today leaving 'my house to Battersea Dogs Home' and then I sold the house next week, Battersea Dogs Home would most likely get nothing, even if the proceeds of sale were sat in my bank account.

Sue

 

[pizzapie]

You need advice

You need specialist advice on this one Brian on another forum and another website www.fightthebureaucracy.co.uk and a forum http://groups.msn.com/Freenursingcareinformation

They are very helpful and friendly on there as all in same boat