Two dementia parents, seperated but not divorced; what LA claims on assets to pay for longterm care?

Anna 2424

New member
Dec 3, 2018
9
0
London
Hi all,

I have two parents with dementia. They seperated in 2005 but never divorced.

My mum has early stage dementia and gave me Power of Attorny for health and finance for when the time comes. She has full ownership of the family house. It was bought during the marriage but signed over to her after dad left her. She also has decent savings.

My father has late stage Alzheimers and always refused to give me legal powers to manage his health and financial decisions when the time came. He lives in his now deceased girlfriend's property and has no assets of his own apart from a half share of a pension. His home is now owned by her relatives.

It has reached crisis point and he is going into respite care for two weeks. The local authority is considering putting in an order to control his finances as he may need to go into a residential home.

My concern: Will dad's local authority have a claim on mum's assets as they are not divorced to help cover the costs. Even thought they cant force the sale of her property and make her homeless, could dad's local authority have a future 50% claim on her assets when her home is sold or she dies to cover the back costs of funding dad's residential care.

We are expecting my mum also to need residential care shortly and hoped her assets would cover this. She doesnt want to give dad any money for understandable reasons. But should we expecting a bill from dad's local authority for half share... and when might it come... at the sale of the family home, when her estate is distributed after her death but at that point there will be nothing left. So could they come back clawing money from the children?

Where do I get give advice, this is all so new to me. Do I go to a family law lawyer, a financial advisor or is there an organization that can advise me?

Thank you all
Anna
 

marionq

Registered User
Apr 24, 2013
6,449
0
Scotland
If the house was signed over to your mother at a time they were in good health then there was no deliberate deprivation of assets. The house belongs to your mother.

I take it your father has not lived in the house for around fifteen years?
 

Beate

Registered User
May 21, 2014
12,179
0
London
It doesn't matter whether they are divorced or not. Only his finances will ever be assessed for care. If there are joint accounts, half would be considered his.
 

Shedrech

Registered User
Dec 15, 2012
12,649
0
UK
hi @Anna 2424
here's a link to the main AS site's pages on paying for care

https://www.alzheimers.org.uk/get-support/legal-financial/who-pays-care

as your parents have been separated for years, I assume their finances are wholly separated, so any LA will be able to see that and for your father will base a financial assessment on his finances only

if the LA are looking at taking on control of his finances, and you would prefer to do this yourself, look into applying to be his Deputy

https://www.gov.uk/become-deputy
 

Shedrech

Registered User
Dec 15, 2012
12,649
0
UK
hi @Anna 2424
here's a link to the main AS site's pages on paying for care

https://www.alzheimers.org.uk/get-support/legal-financial/who-pays-care

as your parents have been separated for years, I assume their finances are wholly separated, so any LA will be able to see that and for your father will base a financial assessment on his finances only

if the LA are looking at taking on control of his finances, and you would prefer to do this yourself, look into applying to be his Deputy

https://www.gov.uk/become-deputy
 

Anna 2424

New member
Dec 3, 2018
9
0
London
Yes that is correct. So she should be OK... That comes as a relief for her longterm care as she is younger than dad. Thank you!
 

Anna 2424

New member
Dec 3, 2018
9
0
London
Thank you everyone who sent me advice. I shall look at the links but it does look like this is one less thing I need to worry about.

Subsequently dad was taken to hospital as he was not coping at home and got confused and attempted to get up, fell and broke his hip on the first night. I know the prognosis for this sort of injury in an elderly man is not very good. So we see how his next couple of months go.

Anna x