Best interest

[intheloop]

Both parents have dementia but have managed at home with a lot of help from family.
Dad was taken ill and admitted to hospital. Mum couldn't be in the home without him (he had better mental capacity than her). SS put her in respite while Dad is in hospital. She didn't want to go in but has actually settled in very quickly. We feel she should stay there permanently.
Dad has been sectioned and it looks like he will be in hospital for quite awhile. He has gone downhill a lot but his doctor is saying not to consider selling the house yet.
As a family we can't see either of them managing in their own home - even with more help. They just wouldn't be safe.
Because they have a property they will be self funding their care.(Unless in Dad's case he will be CHC funded)
We feel it is in their best interest to sell the house a.s.a.p. but are we missing something?

 

[Shedrech]

hello @intheloop
a warm welcome to DTP
I'm sorry to read of your family's situation; quite a worry for you trying to look after both your parents

I guess the doctor is following the line that mostly Social Services will try to support someone to stay in their own home for as long as possible

are their LPAs in place for both your parents, so their Attorneys can take on the management of their affairs?
the question then, especially for Social Services, is whether or not each parent has capacity to make decisions for themselves, particularly about where each wishes to live

if the Attorneys honestly believe that neither parent has capacity, then its their responsibility to act in your parents' best interests (assuming there is no clause in the LPAs that lack of capacity must be proved by a professional)

you say the property will provide finances enough for your parents to be self-funding ... if that would be for several years, ie effectively there is enough money that you will not ever be calling on the LA to contribute to funding, then seems to me the Attorneys can proceed in whatever way they believe is best for each of your parents

just be aware that Social Services may question whether your parents wish to move into residential care or remain in their own home, and can press the issue

also, if one stays in the marital property, it is not taken into account in any financial assessment re funding care for the other

me, I would probably make sure residential care can be arranged for both and sell the property, then prepare to back up the decision should it be queried ... but that's just my opinion

ps theses pages on the main AS site may be helpful
https://www.alzheimers.org.uk/get-support/legal-financial/who-pays-care

 

[Sirena]

I would guess the doctor said not to sell the house yet because he thinks either your mum or dad may be considered to have capacity to make their own decisions (ridiculous though it may sound to you). If that's the case then despite you having POA, they could make that decision for themselves so the option needs to remain open. Possibly he is envisaging a best interests meeting happening before the decision is made.

Personally I would probably do the same as Shredrech - make the care arrangements and put the house up for sale.

 

[canary]

One thing - from a purely financial point of view - is that if they have savings of less than £25,000 each and the only other finances they have is in the house, then when they first go into a care home there would normally be a 12 week disregard, but if the property is already sold, then they dont get this.

 

[Kevinl]

Anyone detained under a section 3 then going into care get their care home free paid under section 117 aftercare, if you don't get chc so it maybe you won't have to pay for dad's care.
I found it very difficult to find a home that would take my wife as soon as I told then she'd been sectioned.
I think it's a bit early to make a decision about selling the house while there are so many possible and no certainties.
Welcome to talking point.
K

 

[intheloop]

Thank you for all your very helpful replies to my question.

We have LPA's for both parents (financial but not health/welfare) and Social Services are doing a 'best interest' meeting this week for my mother.
Mum has been in 24hr respite care for 5 weeks now and the lovely care home she is in have said they will take her permanently.
The social worker was dealing with both my parents but my father's hospital have requested a Mental Health social worker for him now.
My mother's doctor has said she doesn't have mental capacity and my father has been detained under section 3 now, so he doesn't have mental capacity.

Thank you Kevinl for the heads up about section 117 aftercare, I wasn't aware of this.

Part of the reason we wanted to put the house on the market now is because when the respite time runs out (I think 6 weeks is the max) and they do the 12 week disregard we are hoping not to have to do a deferred payment with them afterwards.
Our parents have some savings but they are under the threshold.
Selling the house will take at least 12 weeks so we will get the disregard and we really don't want the house empty over the winter either.

 

[Sirena]

I completely agree with your reasoning. I can't see any problem with starting the process and putting the house on the market - by the time you get an offer and trundle towards exchange, as you say many weeks will have passed and you should know the situation with each of your parents. You can always halt the process if for some reason that becomes necessary.