Not sure where to go from here

[orchid8809]

Hi,

My father has early on set dementia and because of this has been in a care home for the last 2 years or so.

Myself and my brother have faced increased pressure from the local council in regards to deputyship and court of protection. We chose that the council should apply for court of protection for my fathers assets because we were given very little guidance in doing it ourselves and a very short time to decide.

Now that it has been granted they are really eager to make us pay rent for a property that has no mortgage, and if we decide to sell the property all profits go to him.

I do not have a problem with this. However, because he is eligible for a continuing care fund the local authority pay for his care fees. The councils argument for the collection of rent, based on market value, is that the money can be used to support him in the care home. Whilst I completely agree with this, I do not feel the amount needs to be as high as the average rental value for the area. I feel deceived in this respect, and don't really understand the councils intentions. I really feel like we have been pressured and forced into making the wrong decision, and are being penalised for living at the property that my parents purchased.

I guess my questions are these-

Is deputyship/ court of protection in this case reversible?
Where can I get advice? I have tried my local Citizens Advice Bureau but the line is constantly busy
What rights do I have to contest this?

Would appreciate any help.

Thanks

A

 

[hollycat]

0300 456 0300

Phone number above is where I would be ringing

OPG - office of public guardian

i.e. headquarters of court of protection and power of attourney

I have phone 3 or 4 times and found they are wonderfull.

Hope this helps.

 

[hollycat]

Now that it has been granted they are really eager to make us pay rent for a property that has no mortgage, and if we decide to sell the property all profits go to him.
However, because he is eligible for a continuing care fund the local authority pay for his care

My best GUESS, is that CHC is regularly reviewed. If CHC is stopped, as dad owns his own home, it can be sold/rented to pay CH fees.

In addition, as I understand it, the council have COP, so it APPEARS that they are taking the option of trying to act in dads best interest by gaining rent from the property i.e. they are making the best use of all available resources, in your dads best interest.

MUST STRESS, this is not fact, and only my opinion.

How would you feel moving out and selling the property by the way ?

 

[Christin]

Hello A and welcome to Talking Point.

I am sorry to read about your father and I assume you are being asked to pay rent in what is your family home. This must be very upsetting for you.

Can I just clarify as to whether the local authority are paying residential care home fees at present, or if the NHS Primary Care Trust are paying for continuing health care?

I would think it is possible to challenge a deputyship decision, and others may have done so, and I hope they will share any experiences they have with you.

You could try the AS helpline, this is a link to the webpage: Helpline


Alternatively, this factsheet re Paying Care Home Fees, does give a lot of contact numbers and links that may help you.

Very best wishes, please let us know how you get on. x