Does this seem right..?

[CrestFallen]

Has any of you have read my perivous posts may know I moved my mother into a permanent care home on 21st of last month. This was partly due to the council saying I needed to find her a permanent nursing home. I asked several times is it ok moving her without any finances being in place as in they hadn't done the financial assessment only the means test. They assured me it was fine but all that has happened is now the home rightly or wrongly want £150 interim payments until its been completed off mums pension because the council are not giving them anything yet. Mum is LA funded and the house they want to go under deffered payments. I'm meeting the accounts woman this afternoon from the home. I don't think its right they want nearly all of mums pension. Technicaly she still as a mortgage direct debits house insurance etc.I don't know whether were going get in trouble if I don't pay up or what..

 

[nitram]

I'd stick with what you said previously
https://forum.alzheimers.org.uk/threads/carehome-contract-help.111802/#post-1577364

You have no authority to pay the home from your mother's income never mind defaulting on insurance and mortgage direct debits to do so.

With the mortgage on the house it could be better to sell it, deferred payments might be difficult as both the LA and the mortgagee are likely to want first charge on the property, also renting a house with an outstanding mortgage can raise problems.

Assuming your mother lacks capacity an application will have to be made to the COP to sell the property. If your mother's equity in the house is small compared with the expected life time cost of care you could hand everything over to the LA as it does not matter whether your mother's assets are spent on care or LA legal fees. If you do this, and her only income is DWP pension, you could apply to be an appointee to handle her finances.

You could find out the remaining mortgage, have a serious talk with LA finance, and take legal advice before you make any decision.

 

[canary]

When someone goes into a care/nursing home and they are self-funded they keep their Attendance Allowance and Pension, but if they are LA funded the Attendance Allowance stops and the LA receives their state pension and half of any occupational pension, apart from about £30 "pocket money". In addition, many care/nursing homes ask for "top-up" fees which have to be paid by relatives - the resident is not allowed to pay them.

Is this £150 top-up fees?
I hope you get the discretionary disregard on your mums house.

 

[CrestFallen]

Hi nope the £150 is an interim payment they want weekly that the care home is asking for because the directors of the home would like some money. Its not a top up its an interim charge because the LA haven't completed the assessment. It will leave mum nothing for anything else. She only gets her pension and pension credit the DLA as been stopped.

I do believe mums equity in the house will be small compared to the length of time she could be in the home. Less than a years payment easily , so my master plan is ask the council once I get see my social worker to apply for discretionary disregard. If that is turned down then I will instruct them to take over and they can spend it on their legal fees or what ever because basically I'll be doing all the work to make myself homeless down the line anyway. That's my plan anyway not sure how it'll work lol. But today's mission is to see the accountant at the home and get her contact the councils finance department. I'm also going break the news that I can't sign the care home contract anyway as I'm not a deputy or attorney. An I do believe you can't sign on her behalf with out them. Plus she LA funded so I'm sure the contract is with them or do the family sign as well..?

 

[canary]

OK, if its not top-up fees, but is to come from your mums finances, then I agree with nitram - you are not in a position to be able to make payment.

 

[CrestFallen]

Has it happens I did my appointee interview yesterday with the DWP. He told me I'm ok to take money from her post office account and use it in mums best interest because there's not tens of thousands in there so no one is likely to question it. Just make sure I get receipt's and make notes for what I spend until I can open a bank account. For the record to he said its fine to open one in my name and it can be online. Don't need the fuss of high street banks asking for poa etc.. Read a lot of conflicting stories on this point, but he said its fine he even said its ok for the money go into my account but I declined that to easy get in a mess.

 

[Bod]

I think you also need to know, in what circumstances do the Council housing office consider you to intentionally homeless.
You situation is a real mess at present, you need now to look after your own best interests.
Should the house go, either for Care fees or mortgage repossession, you do not want to be "intentionally homeless".
The help lines here are a good place to start.

Bod

 

[CrestFallen]

Thanks bod ones things for sure if the care home insists on the £150 a week then I'm informing the council the mortgage payments are going have to stop to pay for the care home because they are the ones who had me moving her before the assessment was completed. It'll probably take months as well for that to be done. In the mean time the sleepless nights will continue no doubt. How I ever found myself in this mess just because I cared for some one is beyond me. But any way i cook this I'm going endup homeless unless it gets disregarded and I have little faith in that happening..

 

[Jessbow]

Do you have the means to pay the mortgage if you do get it disregarded? I dont think you can expect that her fees are paid AND her pick up the mortgage payment.

 

[CrestFallen]

Yes if its disregarded then of course I would. Ive been paying it the past 3 months as it is so she doesn't get more debts and trouble stored. I have just had a meeting with the accounts lady at the home about the £150. Apperantly the council haven't paid a penny of their contributions hence why they were asking for £600 a month off mums pension. Ive explained "allegedly" were in the 12 weeks disregard period week 2 so the council should be paying their contributions and mum only paying £35 so her mortgage etc can still be paid. Then week 13 she pays more but by then the house should be in defferd payments scheme or not if I can get it disregarded. I think its utterly disgusting that the council are not following the governments rules and she's accepted the breakdown what was left with me after the means test. So basically the council aren't paying their share to the home . She says if she rings them they will just say the financial assessments not been done yet. Well that's their fault aswell so far as I'm concerned they told me move mum don't worry about funding it shouldnt stop you. Its was a con to get her out of the CCG bed. Funny how ive not heard from them as well since I got her moved..

 

[TD1]

Has it happens I did my appointee interview yesterday with the DWP. He told me I'm ok to take money from her post office account and use it in mums best interest because there's not tens of thousands in there so no one is likely to question it. Just make sure I get receipt's and make notes for what I spend until I can open a bank account. For the record to he said its fine to open one in my name and it can be online. Don't need the fuss of high street banks asking for poa etc.. Read a lot of conflicting stories on this point, but he said its fine he even said its ok for the money go into my account but I declined that to easy get in a mess.

We were told to become Deputy. Previously she lived with another family member who put all Mums money in her account and now we can't get it back.

 

[MaNaAk]

You don't say how old you are but if you are over sixty or have sold a house to move in and care for your mum you could get property disregard.

MaNaAk