Care Home fees and Property Protection

[AlegnaNamrog]

So here are the facts.

Mum now in care home with dementia.
Dad passed away.
Only sister living in the family home. Sister is 52. She has been very ill and off work for 2 yrs. She is starting to recover but recently had mental health diagnosis indicating probable same dementia as Mum. We don't know if she will start part time work again, maybe.

Mum's finances now dwindling as private payer. Will soon do a financial assessment with the Local Authority about Mum's assets. From what I understand, a loved one needs to be over 60 living in the property for an immediate disregard so it can't be used as an asset. The other reason for a disregard might be a vulnerable person living in the property with nowhere else to go.

My question is about disregard of the property as an asset.
If my sister starts part time work but still has her dementia diagnosis which means over time it will get worse, can the Council use the property as a deferred asset so we pay them back later ?

Only people with good knowledge of this legal pickle can help I think !
Many thanks.

[swill453]

One thing worth clarifying - who owns the house?

Scott.

[AlegnaNamrog]

My Mother owns the house. The family home. Her asset with her vulnerable daughter living in it.

[AlegnaNamrog]

So here are the facts.

Mum now in care home with dementia.
Dad passed away.
Only my sister living in the family home now. Sister is 52. She has been very ill and off work for 2 yrs. She is starting to recover but recently had mental health diagnosis indicating probable same dementia as Mum. We don't know if she will start part time work again, maybe.

Mum's finances now dwindling as private payer. Will soon do a financial assessment with the Local Authority about Mum's assets. From what I understand, a loved one needs to be over 60 living in the property for an immediate disregard so it can't be used as an asset. The other reason for a disregard might be a vulnerable person living in the property with nowhere else to go.

My question is about disregard of the property as an asset.
If my sister starts part time work but still has her dementia diagnosis which means over time it will get worse, can the Council use the property as a deferred asset so we pay them back later ?

Only people with good knowledge of this legal pickle can help I think !
Many thanks.

[BullDog]

Disabled persons trust might be worth thinking about to protect daughter's interests?

[1nvest]

Not a expert, but noticed ...

https://assets.publishing.service.gov.u ... _final.pdf

This requires a local authority to disregard
the value of any premises owned by a local authority supported resident where the property is occupied in whole or in part as their home by a family member or relative who is aged 60 or over or is incapacitated.

https://assets.publishing.service.gov.u ... ersons.pdf

The current definition is at section 118(1) TMA. It provides that an ““incapacitated person” means any "infant, person of unsound mind, lunatic, idiot or insane person”.

Your sister would likely struggle if she had to vacate her home, making a vulnerable sibling homeless in order to sell the home to pay your mothers care/nursing home fees is perhaps a greater risk/concern than if the Council went down the road of the alternative deferred payment choice. JMHO.

It's discrimination that the Tories promised to address/cap, a 20 year old might crash their bike end up with brain damage and be cared for paid by the NHS for decades. Suffer a similar injury that's defined as 'dementia' and you're expected to go private/self-fund.

You'll find that the assessors are largely incompetents that just run down a tick list, where the NHS discharges to the local authority and the LA do the same to discharge onto families. You'll get thrown dissimilar information, rules quoted when it suits them, ignored when it doesn't. It's a complete mess/disgrace, especially on top of all of the other anxieties.

Wish you the best/luck, going through similar myself and frankly its a nightmare.