Hello..new here and in need of advice in very confusing circumstances.

gk_loves

New member
Nov 7, 2023
3
0
Hello All,

I do hope you can help me piece this puzzle together.

I have an Uncle and Aunt in the same care home. My Aunt has dementia and has no capacity and minimal capability. My Uncle has full capacity, bright as a button with mobility issues.
My Aunt was placed there by SS after being discharged from hospital, my uncle then followed after a fall.
There LPA and next of kin are on my Aunts side, her brother and SiL. Her SiL passed away 6 months ago and the brother is now sole LPA. There is a CP in place for my Aunt and her and her money. However my Uncle has not received any of his pension since being in the care home. He believes he has no money and that his wife's family are dealing with all financial matters. Bills do get paid albeit late and my Uncle and Aunt both have very little. The house is still unsold after 3 years, as my Aunts family are stating its complicated due to the Court Protection. Which I know it is not when there is a LPA and CP in place and my Uncle can assist in the sale.
I am aware that the threshold is £23k each and that pensions are not taken into account when paying fees and obviously my Aunt does not pay due to her Dementia. I am very concerned about their finances. My Aunts family have not visited either since both of them being placed there 3 years ago. I was approached by the care manager and asked would I consider being LPA and next of kin as duties are not being met and they sense that there is something 'a miss'.
My uncle also told me that he had to take out loans to pay for their care while SS made arrangements, which I can't wrap my head around. They were very financial stable couple with no children. And he believes he is still paying privately after 3 years, the care home confirmed that the invoices do get paid with a small top up.

Can any body please advise.

Many Thanks

G..loves
 

try again

Registered User
Jun 21, 2018
1,308
0
I assume his pension goes into his account and is managed from there. If he is still capable he should have access to his account .
I am lpa for my mum though she no longer has concept of any money. She has a cash float that the care home control for hair etc and I top up .
Some people will take out loans if they can't sell the house as a means to pay care home fees.
Can't advise as to how you could become lpa to your uncle, which you could do if he has capacity to grant it and what would then be involved in shared equity
 

SeaSwallow

Volunteer Moderator
Oct 28, 2019
6,751
0
Hello @gk_loves and welcome to the Dementia Support Forum. This seems to be quite a complicated issue and I would suggest that you contact the Alzheimer Society's help line for advice. I have attached a link below. In particular I do not understand why the care home asked you to consider being an Attorney under an LPA as only your aunt or uncle can appoint an Attorney and only if they have capacity to appoint someone, nor do you make it clear why the Court of Protection are involved. For these reasons I do think that you should contact the help line for advice/

 

gk_loves

New member
Nov 7, 2023
3
0
I assume his pension goes into his account and is managed from there. If he is still capable he should have access to his account .
I am lpa for my mum though she no longer has concept of any money. She has a cash float that the care home control for hair etc and I top up .
Some people will take out loans if they can't sell the house as a means to pay care home fees.
Can't advise as to how you could become lpa to your uncle, which you could do if he has capacity to grant it and what would then be involved in shared equity
Thank you for your reply.

I now understand the reasoning for the loans. 🙂

As for my Uncle appointing me as LPA/NK that is something we have not discussed and I have not broached. I have told him he does have money because of the threshold amount and because of his pension/s. No monies (private spends) have ever been placed with the care home for either of them.

My suspicious mind is thinking that thier money is being hoarded and the stalling of the house sale is for personal gain.
The current LPA/NK must be in their mid 80s now and my Uncle assumes the responsibilities will pass to his son. I haven't explained that they won't.

It angers me so much because my Aunts family insisted my Uncle never place my Aunt in a care home and here we are with the family living 15 mins away and never going. (I live in a different county and hour away) They didn't even bring his belongings from home for him! I buy the things he needs and I'm always instructing the care home to 'just buy it' and invoice the my Aunts family but they tell me its not as easy as that.

Thank you for allowing me to rant.🌸
 

Banjomansmate

Registered User
Jan 13, 2019
5,658
0
Dorset
Talking to the Helpline is good advice.
If your Uncle has capacity I believe he can revoke any previous LPA and make a new one with you as Attorney, then you will have sole access to his finances, presuming he knows where all his accounts are. If he and his wife had joint accounts then you will have to arrange with the other side the splitting up equally so that his fees can be paid from his money.
If the other attorney dies then his current LPA is invalid unless there was a back up person named.
 

JoannePat

Registered User
Jan 24, 2019
226
0
Hi, its a horrible position to be in with finances etc. and that they are not visiting or keeping up to date.

I am terrible with family trees, as I have such a small family, but is her LPA your uncle? Her brother? Could you speak to him? Maybe go to the CH when you know he is going to be there (or does he literally not go at all?), does he have children (your cousin?), maybe you could speak to them?

I certainly think you need to discuss splitting the LPA so that you can help your uncle (in the care home).

Good luck x
 

Jessbow

Registered User
Mar 1, 2013
5,839
0
Midlands
Jut a small point - your Aunt having dementia doesnt mean she is exempt from care hom fees.
Whilst you uncle was still at home, the house will have been exempt from inclusion in her financial assessment.
Now he is also in care, I am very surprised the house hasnt been sold as they will both now be liable for fees normally