1. ruthstanley

    ruthstanley Registered User

    Nov 14, 2015
    5
    Can anyone please give any advice? I have willing cared for my mother for the last 16 years since she was first diagnosed with Dementia. She was able to live independently for many years in her own apartment however by 2011 she needed full time care and I gave up my home to move in with her to provide it. At this time my mother wanted to transfer her apartment to me but I did not do it.
    In April 2013 Mum started full time residential care which was self- funding due to her savings and I continued to live in her apartment. In July 2014 with mum now settled I eventually accepted the transfer of her apartment to me. In August of this year having been living in Mums apartment for nearly 4 years I sold it and with more of my savings bought a larger property to live with my partner and even though he never contributed to the purchase of the property I wanted him to be a 50% tenant in common as he gave up a protected sitting tenant home to be with me.
    My mum’s condition has worsened badly in the last 2 months and has become very aggressive and non-compliant. I have been told she now needs EMI nursing care. However her funds are now very low and I believe she will need LA funding. I have been told that because she transferred her home to me while she was in care that this is considered a deprivation of assets. Does this mean the local authority can reclaim these assets from me and my partner and that we will have to sell our home to provide for Mum’s care? If so is there anything I can do to prevent this. Thank you for your help.
     
  2. stanleypj

    stanleypj Registered User

    Dec 8, 2011
    10,679
    North West
    Welcome to TP Ruth. There are plenty of TP members who are really clued-up on these matters and I hope that someone will be able to answer your question with chapter and verse.

    I can entirely understand your concern. Has your mum been assessed to see if she would qualify for CHC (Continuing Healthcare) funding?
     
  3. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    Welcome ruthstanley, unfortunately from what you have said it appears to me that the LA will count the value of the apartment as part of your Mum's assests.:(

    Even if the transfer had been made at the first occasion I do not think things would have changed. Hindsight is a wonderful thing but if you had remained living in the apartment it may have been disregarded from her assets because of the history but you would have had to remain living their till your Mom died.

    You will only be forced to sell if you cannot find another way of funding your Mum's care. I doubt the LA will want to pay.

    You really do need to spend some money of good legal advice.
     
  4. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    Just re reading your post. How was the transfer arranged? Did your Mom have capacity at the time to make the decision? Were you acting as Power of Attorney?

    If you cannot fund your Mum's care I would emphasise the importance of legal advice on Monday at the latest.
     
  5. ruthstanley

    ruthstanley Registered User

    Nov 14, 2015
    5
    Chc

    Hi, a CHC checklist is being carried out on Thursday after referral from Home Manager
     
  6. ruthstanley

    ruthstanley Registered User

    Nov 14, 2015
    5
    Hi Mum still had capacity when she did transfer in 2013 and a solicitor was involved. Mums condition has gone downhill in recent months and I have just applied for her EPA to be registered as she has been deemed to now lack capacity
     
  7. stanleypj

    stanleypj Registered User

    Dec 8, 2011
    10,679
    North West
    Re CHC: That's a positive anyway.
     
  8. ruthstanley

    ruthstanley Registered User

    Nov 14, 2015
    5
    I have heard that CHC is a mine field have you been able to get it
     
  9. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    Ruth, I do not think the LA will care when it happened. From what you have said you may have a claim against the solicitor for bad advice. Even if your Mum can get CHC funding it can always be lost on review.

    I do appreciate what you have done for your Mum but her apartment should be used to pay for her care if needed.
     
  10. stanleypj

    stanleypj Registered User

    Dec 8, 2011
    10,679
    North West
  11. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,499
    Female
    Near Southampton
    If your mother had a diagnosis of dementia when the apartment was transferred into your name then that will mean that the LA are likely to see it as a deliberate deprivation of assets. This is regardless of her mental capacity at the time.
    What has happened since appears to have made the situation worse.
    I'm quite shocked that a solicitor thought it was ok to carry out the transfer. Perhaps he thought that your mother would have enough capital for it not to be necessary to ever involve the LA.
     
  12. ruthstanley

    ruthstanley Registered User

    Nov 14, 2015
    5
    Thanks all for your help seems Im in a no win situation Unless I have success with CHC
     

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