Uncle's assets unknown pending PoA - how to handle risk of dropping below £23k care threshold?

StephenD

Registered User
Jan 24, 2024
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0
By way of update - I did finally find recent paper statements for what seems to be his main current account that suggest he has enough there to pay the home for a few months more before he drops below £23k. The PoA has also just come through and I've given a code to that bank and expect access in a week or so. However, he has multiple documents from multiple banks and building societies (even within one bank he has/had 5 separate and recent accounts at the same time!). I've found correspondence indicating that many were closed and transferred to the current account within the past year, but not for others. I've written with codes to several of them to check, had an appointment with one, and did the main one online. Some are easier than others, and some seem to duplicate the process of getting the PoA in the first place (the Post Office seems to be a particularly tricky one).

Plus these are only the 'known unknowns' - I'm looking at My Lost Account too! Given the extraordinarily labyrinthine nature of his finances, it's proving to be a lot of work. And I'm not sure I will ever be able to ascertain precisely when he will drop below the £23k threshold. I intend to contact the Local Authority sooner rather than later.

It probably needs another thread, but is there any easy way of finding all of his financial resources? And how should I provide for any "top-up" when he does drop below the threshold?
 

nitram

Registered User
Apr 6, 2011
30,885
0
Bury
is there any easy way of finding all of his financial resources?
HMRC will have the details, don't know if they will release them to you so you can administer his finances as attorney
And how should I provide for any "top-up" when he does drop below the threshold?
Top up can only be paid by a third party except in 3 cases, s117 funding, 12 week disregard, and DPA if written into agreement.
 

StephenD

Registered User
Jan 24, 2024
20
0
HMRC will have the details, don't know if they will release them to you so you can administer his finances as attorney

Top up can only be paid by a third party except in 3 cases, s117 funding, 12 week disregard, and DPA if written into agreement.
Thanks. So any top-up can't just be paid from his pension? Or from money (ie his money) that I set aside now?
 

nitram

Registered User
Apr 6, 2011
30,885
0
Bury
Thanks. So any top-up can't just be paid from his pension? Or from money (ie his money) that I set aside now?
Pension will be included in the fee paid by the LA, not added to.
Any voluntary top up has be paid by somebody else.
You can't set aside any of his diminishing capital.
 

Banjomansmate

Registered User
Jan 13, 2019
5,791
0
Dorset
It depends on what you @StephenD mean by “top up”. If you are thinking of what will need to be paid by your Uncle before the LA start to contribute for the Care home fees, then that will be any pension he receives plus an amount specified by the LA, taking in account a percentage of his savings between £23,500 and £11,000 (or whatever the figures are nowadays).
@nitram is talking about any amount needed to “top up” when a Care home’s fees exceed that that the LA are prepared to pay. Then the resident is not allowed to use their own ‘remaining’ money and the excess has to be paid by another source e.g. family.
 

StephenD

Registered User
Jan 24, 2024
20
0
I'm a pensioner myself with no spare income. So when he reaches the threshold later this year he would have to be moved to the cheapest care home that the authority provides? This would be disastrous, as it's highly likely to be in a location I couldn't easily visit.
 

Banjomansmate

Registered User
Jan 13, 2019
5,791
0
Dorset
The LA should assess what is the best type of home that can cope with his needs, then source the ones which will accept him and give you at least a couple of options. They will usually try to keep it close to where he already is, if possible.
 

nitram

Registered User
Apr 6, 2011
30,885
0
Bury
when he reaches the threshold later this year he would have to be moved to the cheapest care home that the authority provides?
Ask the LA for a needs assessment followed by a financial assessment.

Do you live in the dame house as him?
 

StephenD

Registered User
Jan 24, 2024
20
0
He's in the care home that was nearest to his (now deceased) stepson, I travel some distance by train to visit him. In fact once I have the facility to make payments from his account I want to move him to a specific care home that is close to where I live - and is actually under a different local authority (it's very much his wish too, 3 members of his own family spent their last days in this specific home, nobody else visits him in the current one). I haven't asked the home about a potential "top-up", they said to let them know once I get PoA but I'm waiting till I can actually change the standing order.

I am guessing that a change in LA will further complicate things?!
 

nitram

Registered User
Apr 6, 2011
30,885
0
Bury
I am guessing that a change in LA will further complicate things?!
The funding agreed by the loosing LA will apply to the gaining LA, it could be much lower.
I take it there is not an empty house involved.
If you move him to the new home before asking for assessments only one LA will be involved.
Ask the new home about accepting LA funding.
 

StephenD

Registered User
Jan 24, 2024
20
0
I was thinking that it would be best to approach the LA in good time - possibly even six months before he reaches £23K. I will wait till I can see the bank account(s) but I think this could be very soon (possibly now), and quite probably before a place becomes available in the new home. I intend to ask them about the situation when I am in a position to secure his place there - hopefully within a week or so now.

edit: there is an empty house, but as far as i can tell (and by his own account) he had no stake in it
 

nitram

Registered User
Apr 6, 2011
30,885
0
Bury
there is an empty house, but as far as i can tell (and by his own account) he had no stake in it
You can view a copy of the Title Register for £3 (make a print as viewing time expires), this will show legal owner(s) and how property is owned.
Beneficial owner may not be legal owner.

 

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