Do I have to inform SS

Discussion in 'Legal and financial issues' started by abijac, Sep 23, 2015.

  1. abijac

    abijac Registered User

    Jul 12, 2014
    15
    I am currently POA for my mother but not my father( he has dementia) and pay both their care home fees as they have joint accounts. After a year of self funding they are nearing the threshold and what I want to know is do I have to inform SS now.They also own their own house so does that mean we wouldn't qualify for help. I don't think I would be able to sell the house as mum separated their ownership to tenants in common so I don't think we could sell as Dad would not be able to agree to the sale. In this case would SS offer deferred payments? Am I obliged to speak to them or can I continue to use their cash savings until they run out as at least at the moment they are both receiving AA and pension which I believe would be stopped if SS were to pay.
    I am finding the idea of getting SS involved very stressful as I worry they will want to move Dad again. They moved him three times when he was first in care.
    Struggling to get my head around the best thing to do.
     
  2. Beate

    Beate Registered User

    May 21, 2014
    11,711
    Female
    London
    No you're not obliged but why wait until the last moment when they have run out of cash? The care home fees have to come from somewhere and the home wouldn't be best pleased if the payments suddenly stopped. SS aren't known for acting quickly so best get the ball rolling to find out what they can do. If the house can't be sold they could indeed enter into a deferred payment agreement. I doubt that AA and pension alone would pay the care home fees.
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    19,021
    Male
    North Manchester
    As regards the house sale.

    You can act on behalf of your mother as you say you have POA (assumed financial LPA if she has lost capacity)

    As you infer your father has lost capacity you will need either a COP deputyship or a specific court order to enable you to act on behalf of you father.
     
  4. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,497
    Female
    Near Southampton
    The SS, representing the LA would probably suggest you apply for Deputyship for your father unless he still has the capacity to arrange an LPA. This would enable you to sell the house. You really need this authority anyway to access your father's capital.
    Otherwise the LA might agree to a deferment of the fees but this isn't automatic.
    I would approach the SS before the capital reduces to the upper limit. That is £24,250 for each parent.
     
  5. realist1234

    realist1234 Registered User

    Oct 30, 2014
    108
    If your parents own a house, and it looks like they will both be living in a care home until they die, then the house would need to be sold. I would think the LA would agree to a deferred payments arrangement to wait until the house was sold, otherwise they would not get their fee contribution back. The reality is once you are unable to pay the fees from your parents' savings etc, the LA will have to get involved as the CH will still require payment of their fees. The only reason the LA would try to move your dad and/or mum is if the fees charged by the home are more than the LA's max and you as family were not prepared to pay the so-called 'top-up' fee element. I understand the deferred payments arrangement can include the top-up amount as well (ie it would be paid from the sale of the property). AA would only continue to be paid if they were self-funding their care.
     
  6. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    Theoretically you do not need to inform the LA if you sell the house before payments become an issue. But as nitram points out, you will need to apply to the COP for an order or deputyship to do so. Plus, you'll probably need another person to act as a trustee for your father for the house sale (as you would already be acting for your mother). In other words, it's going to be time consuming so you might want to get a deferred payment agreement and that requires contact the LA. On the bright side, both your parents would be eligible for a 12 week disregard (do bear in mind though it's a disregard of the value of the house: they would have to pay most of their pensions over and the funding will only be at LA rates plus you would lose AA during that period).

    I think you're going to have to go the deputy route anyway.
     

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