We need to find this out?

Discussion in 'Legal and financial issues' started by kenaidog, Aug 22, 2015.

  1. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
    When the fil goes into a home he will be non self funding, so he has not got 23,000 if im getting that right. anyway as he is almost 80 and the mil is about 5 years younger than him she will stay in her house but what will happen to the house is she was to have to go into a home too? Its unlikely but you never know !. She owns her own house and my hubby would hate to see it having to be sold for care! if he was named as a lpa for her now would that make a difference?
     
  2. Beate

    Beate Registered User

    May 21, 2014
    11,481
    Female
    London
    No one wants their home sold to pay for care fees. But unless someone who owns a house qualifies for continuing health care, they will have to use the house to pay for them. You can ask for a disregard if someone over 60 also lives in it or a discretionary disregard if for example one of her children has always lived there and would be without a home otherwise.
    Having LPA enables someone to deal with a donor's financial or health affairs. It doesn't make a house exempt. And please don't think about transferring ownership - it could be classed as deprivation of assets.
     
  3. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
    Oh no was not thinking about that, i know full well what they would say if that was to happen.
     
  4. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,490
    Female
    Near Southampton
    Beate is right.
    Whilst your mother remains living in the house, it will be disregarded but if she also has to go into a home, the house would have to be sold and the proceeds split between the two owners when they would of course become self-funding.

    The only other possibility is a deferment of the fees by the LA until such time as both parents died but then the the fees would have to be paid in full so the house would have to be sold anyway. This would be at the discretion of the LA too.

    It seems only fair and fitting that the sale of their house should provide them with the best care available to them when they no longer are living in it.
     
  5. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
    Ahh right, i thought that is how i took it. She does not like the idea of them getting her house as she has spent a lot on it doing it up even though its small, but what can you do, its a shame though that you work all your life and this is how it goes!
     
  6. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,490
    Female
    Near Southampton
    'They' will not be getting her house. It is simply that the proceeds of the sale will pay for her care so, in reality, she will be getting the benefit, as well as her husband.
    Depending on life expectancy, it is quite possible it won't all be used either.
     
  7. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
    so if he is racking up a bill for care which is partially funded by his pension then when he dies will they make her sell the house to pay the bill?
     
  8. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,490
    Female
    Near Southampton
    No, that won't happen as the house is totally disregarded whilst MIL is living in it and will remain so.
    If MIL goes into a home, that's when it will change.
     
  9. kenaidog

    kenaidog Registered User

    Apr 8, 2013
    164
    Ok saffie, so if she was so unfortunate to have to go into a home too the house would then be sold to fund her care and to pay off his?
     
  10. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,490
    Female
    Near Southampton
    #10 Saffie, Aug 22, 2015
    Last edited: Aug 22, 2015
    No, no. Back payments won't be taken at all. It's just that if your MIL has to go into a home and the house is sold, then the money from the house will make them both self-funding.
    So, from then on, both will be paying their own fees without being subsidised by the LA.
    What has gone on before won't signify.

    If your FIL dies first, supposing your MIL then inherits his half of the house, your mother will continue to be self-funding. Likewise with your MIL.
     

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