Buying Mum's Home

DEBBIE LUDGATE

Registered User
Aug 8, 2005
5
0
Ellesmere Port, Cheshire
Hi,
Can anyone help? Mum has lived in her council house for nearly forty years. She has been in hospital for nearly twelve months and I imagine that it will be within the next couple of months that the hospital will be wanting to move her to a home. The hospital thought that she was ready a couple of weeks ago (well they termed it as 'this perhaps will be the best that she may be') but she has taken a further 'set-back' so she is still there. Mum has been classed as 'Band 6' (highest level of care) due to her specific difficulties and verbal/aggressive outbursts etc, etc which are much less than before but having difficulties with sleep patterns. Mainly she is more disturbed by other patients on the ward who come and go but unfortunately there is little anyone can do to prevent this. Anyway, from having a choice of EMI homes at the beginning of her assessment, the hospital and Primary Care Trust have told us there is possibly only one home which will be able to cope with Mum's needs. Conveniently the home in question has contracted beds from the hospital. This is evident by the condition of the home which the family have found quite poor. Sorry to ramble but my point is that Mum always wanted to buy her council house but even if the local Council allow us to but it under the 'Right To Buy' scheme. Will we be able to open a joint mortgage in both my mum's name and say my brother's name so as to prevent her property being sold as collateral for her home fees?
Any advice would be gratefully appreciated.
Debbie
 

Sally

Registered User
Mar 16, 2004
114
0
London
seek legal advice to avoid potholes

Dear Debbie,

Call me a cynical old so-and-so but I would be surprised if you would be able to 'save' your mother's house if it would mean the local authority having to fund her instead of the profits from the sale of the house funding her care.
A local authority can pursue someone for what is called 'deprivation of assets' if they think that some asset or savings have been deliberately given over to a third party simply to avoid paying for care.
Perhaps you should seek some legal advice from a solicitor; if the cost of a half hour appointment means rescuing your family home from the clutches of the social services, it may be worth it.
For a solicitor who specialises in the law as it relates to older people try Solicitors for the Elderly on 01992 471 568 or search their website:

http://www.solicitorsfortheelderly.com/public/index.php

Let us know how you get on!

Sally
 

Brucie

Registered User
Jan 31, 2004
12,413
0
near London
Hi Debbie

A few thoughts as I am sure someone will be able to furnish the 'proper' reply.

Primary Care Trust have told us there is possibly only one home which will be able to cope with Mum's needs.

given the challenging nature of the condition this may well be true - it certainly was for my wife.

Conveniently the home in question has contracted beds from the hospital.

this was also true for my wife - in fact the entire home she is in has beds contracted by the local PCT. The condition of my wife's home is second to none. There will of course be regional variations!

Mum always wanted to buy her council house but even if the local Council allow us to but it under the 'Right To Buy' scheme.

Given her present condition, that course may no longer be open, but certainly worth checking.

Will we be able to open a joint mortgage in both my mum's name and say my brother's name so as to prevent her property being sold as collateral for her home fees?

I have my doubts. Firstly your brother would, I expect, have to have that as his only home. Secondly, is your Mum able to sign anything anyway, given her condition?

Far as I know, the exemption about selling the home is one that applies where the spouse is still living there.

Mum has been classed as 'Band 6' (highest level of care)

Doesn't that mean that no contribution is due on your part? Isn't this what is termed "NHS continuing Care"?

Anyone else know??? :confused:
 

Sally

Registered User
Mar 16, 2004
114
0
London
continuing care

Hi Brucie,

There are so many different categories of 'banding' flying around it makes my head spin. I have even heard of people creating bands for social care which doesn't make much sense to me but I guess it indicates to other health professionals how high the level of need is. But yes, even the Department of Health has advised people to apply for continuing care if they have been awarded highest rate nursing just to double double check that an error has not been made(although people should automatically have had this assessment if they have been in hospital).

So Debbie, I would definitely pursue the continuing care option as this means free health care paid for by the NHS. For more information, simply call the Alzheimer's Society helpline and order 'When Does the NHS Pay for Care?' booklet: 0845 300 0336 mon-fri 08:30-18:30.

Adios,
Sally
 

DEBBIE LUDGATE

Registered User
Aug 8, 2005
5
0
Ellesmere Port, Cheshire
Thanks Guys for your valuable replies. Yes Sally you are probably right about not being able to 'save' mum's house. As a family we are not trying to deliberately avoid paying for her whilst she is living in a home. As with so many other family members/carers it must be devastating to see their parents/family home sold to somebody else even though legally mum's house does not belong to her anyway. I was born in that house so has even more sentimental reasons for it to remain in the family. However, realistically it is only bricks and mortar after all but it was always a wish of mum's to buy her own house more of an investment to be left to her children.
Hi Bruce, it is also correct that mum will be on continuing care and therefore will be funded by the PCT but then will this always be so? Can the levels change after a period of time? We have been told that if she does not remain on continuing care then the family will probably have to assist funding. Whilst we are aware that this may happen my point is that there are homes that 'speak money' and those that don't. Quality of care is essential criteria for us as mum's family and the home we have recently viewed is more satisfactory rather than above average. Of course wherever mum ends up we have to be content that we have viewed all our options and be satisfied that we have done all we can to ensure mum's comfort and care. It is yet another area of 'unfairness' that property has to be sold to pay for the care of loved ones who have worked hard all their life. I guess I am still quite upset that the whole process that we have 'journeyed' through so far has been met with so many complications. It is not an easy ride but then life isn't plain sailing is it?
Debbie
 

Brucie

Registered User
Jan 31, 2004
12,413
0
near London
it is also correct that mum will be on continuing care and therefore will be funded by the PCT but then will this always be so? Can the levels change after a period of time?

It is always my fear that the level may be changed as the condition develops... :eek: I have nightmares about it, not because of the money aspects as we have no savings to contribute anyway, and I live in our house, but because it might mean a change of care home for Jan at some stage, when her condition is so well cared for where she is.

I'm told that a change is unlikely, but we always fear so much for them.....