financial assessment

Discussion in 'Legal and financial issues' started by notsogooddtr, Nov 25, 2015.

  1. notsogooddtr

    notsogooddtr Registered User

    Jul 2, 2011
    870
    My parents went into full time care in 2014,Dad in April,Mum in November.Mum passed away Sept 2015.Neither had a financial assessment as far as a I can make out,both LA funded.Their old house has now been sold after 2 and a bit years,not a huge amount of money involved,this part of the world has missed the bubble.But obviously enough capital to make them self funding for a short time.I registered POA in Feb 2015.My parents moved from their home into rented accommodation in July 2013.Is it my responsibility to contact LA or do I just wait for them to finally get their act together and do the financial assessment?
     
  2. marionq

    marionq Registered User

    Apr 24, 2013
    5,883
    Female
    Scotland
    Let them contact you. The money won't go bad sitting in your parents account.
     
  3. notsogooddtr

    notsogooddtr Registered User

    Jul 2, 2011
    870
    That's what my husband says.
     
  4. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    Do you mind saying what happened to the house from July 2013 when your parents moved out?
    :)
     
  5. notsogooddtr

    notsogooddtr Registered User

    Jul 2, 2011
    870
    Of course not.Put on market Aug 13,finally sold November 15.
     
  6. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    I am therefore surprised the LA have not been asking about it when your Dad first went into care.

    If all the capital is going to go anyway then you might as well tell the LA as there isn't much you can do with it.
     
  7. notsogooddtr

    notsogooddtr Registered User

    Jul 2, 2011
    870
    I'm surprised too.Poss explanation is that they moved from one LA where they owned their home to another where they rented.Both LA's fully aware of the situation.I take your point about the capital but as long as I can't get in to any trouble for not telling them I don't feel inclined to do their job for them.The money is there,they just need to come and get it.
     
  8. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    Not sure if you are aware but any debt accrued before the New Care Act came in last April the LA have 3 years to start recovery. Any debt after that they have 6 years.

    Just saying.
     
  9. notsogooddtr

    notsogooddtr Registered User

    Jul 2, 2011
    870
    I honestly have no intention of trying to avoid payment,I just don't feel it's up to me to get this sorted.We haven't had a single positive experience in our dealings with the new LA,I'm sure the paperwork is at the bottom of someone's in tray and will surface in good time.I am applying for probate for my late mother's estate,maybe the notice in the paper will trigger some action.The money will be ready and waiting when they ask for it.
     
  10. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    Please do not think I am suggesting you would, just pointing out
    how what the new act says☺
     
  11. notsogooddtr

    notsogooddtr Registered User

    Jul 2, 2011
    870
    I wasn't aware of the detail but I work for a large government dept and the rules are similar.After years of chasing and harassing to get the help my parents needed I'm ready to sit back and wait.A bit pathetic I suppose but it feels like a little bit of pay back
     
  12. realist1234

    realist1234 Registered User

    Oct 30, 2014
    108

    Personally I wouldnt actively tell them unless they enquire about it - as you say its not for you to do their job. However if you were asked to do another financial assessment you would have to declare it.
     
  13. notsogooddtr

    notsogooddtr Registered User

    Jul 2, 2011
    870
    Yes I realise that and have no intention of not declaring it.
     
  14. fizzie

    fizzie Registered User

    Jul 20, 2011
    2,731
    I would wait for them to contact me
     
  15. notsogooddtr

    notsogooddtr Registered User

    Jul 2, 2011
    870
    I have more or less decided to wait for them to get in touch.Getting quite angry when I think back over the rubbish we've had to deal with over past couple of years.
     
  16. arielsmelody

    arielsmelody Registered User

    Jul 16, 2015
    514
    I'm confused why the LA paid fees with no deferred payment agreement on the house, and with no financial assessment? It makes me wonder if there was a financial assessment but since they were renting there was some confusion and the house they owned wasn't mentioned.

    I've tried to see if there is an obligation to inform the LA if your financial circumstances improve, but it isn't mentioned on anything I can see. But you are going to have to sort it out if you are going to settle your mum's estate, and your dad's position is unclear until your mum's estate is sorted.

    I would say, if it was me I would take the attitude that as POA for my dad, I had a responsibility to sort his affairs out, and that can't be done until any debt owed by your mum's estate is paid, so it would be my responsibility to chase it up and try to make sure the situation is resolved as quickly as possible.
     
  17. notsogooddtr

    notsogooddtr Registered User

    Jul 2, 2011
    870
    I don't know who could have completed the assessment,neither of my parents had capacity by the time they moved and there is only my brother and myself.As stated in previous post I will be putting a notice in the paper re Mum's estate.All beneficiaries are charities do no great rush to settle
     
  18. arielsmelody

    arielsmelody Registered User

    Jul 16, 2015
    514
    #18 arielsmelody, Nov 27, 2015
    Last edited: Nov 27, 2015
    Did your mum & dad own their house as tenants in common or joint tenants (or was it in one of their sole names)? And the only beneficiaries in her will were charities, not children or her husband? There were no joint accounts or other joint savings/investments?
     
  19. Spamar

    Spamar Registered User

    Oct 5, 2013
    6,984
    Suffolk
    From what I've heard, if all the beneficiaries are charities, you will be harassed until the estate is settled.
     
  20. garnuft

    garnuft Registered User

    Sep 7, 2012
    6,585
    Also as Executor, is it not beholden upon you to act expeditiously?


    Sent from my iPhone using Talking Point
     

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