No POA for health and social welfare

Discussion in 'Legal and financial issues' started by LouiseB55, Jun 25, 2019.

  1. LouiseB55

    LouiseB55 Registered User

    Jun 1, 2016
    38
    Hello
    I have POA for finances only. My Mum is in a home that is earmarked for closure. She has a deferred payment agreement in place as her home is up for sale so for the time being the LA part fund her care. The question is - if the home closes before her house sells who chooses the new care home? Will it be down to social services? And once she is self funding would the situation change ie could I choose a new home without involving SS? Most people seem to have both POAs but I don't! Thanks.
     
  2. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    7,564
    Yorkshire
    hi @LouiseB55
    if I were in your situation, I would myself go out and look at local homes and choose the one I prefer for my parent ... given that the house sale process is underway, it's clear to the LA that you are serious about arranging the sale and the funds will be available, hopefully, within months, so I doubt they will force you to make another choice, nor, I suspect, will they actively seek out a new placement themselves
    if the care home you choose assess your mum, can meet her needs and will accept the situation re the deferred payment, I doubt the lack of LPA will be a problem
     
  3. Louise7

    Louise7 Registered User

    Mar 25, 2016
    991
    Once a deferred payment is in place your Mum is considered a self-funder whether the house is sold or not yet (my Mum is in the same position). You can choose the new care home but as the LA are paying the home fees at the moment you will need to check with them that they will continue to pay the fees at the new home (the deferred payment will have been calculated based on the current home's fees).
     
  4. LouiseB55

    LouiseB55 Registered User

    Jun 1, 2016
    38
    Thank you Louise. That's what I thought. Not many carw homes will accept the local authority rate and I wouldn't be able to afford a top up. I think I will need to visit homes and explain the situation!
     
  5. Louise7

    Louise7 Registered User

    Mar 25, 2016
    991
    Deferred payments can pay for homes that are over the LA rate, so you won't be restricted to only homes that take LA funders. As your Mum is self-funding you won't be required to pay any top-up yourself - this would be covered by the deferred payment. It's worth contacting the LA finance team to explain the situation and check with them whether they would have any problems with increasing the amount that they pay to a home if your Mum's house isn't sold before she has to move. Let any prospective new homes know the position too so that they are aware as sometimes the LA aren't the quickest at reacting to changes in circumstances so there could be a delay in them getting their fees.
     

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