Gransnet forums

Legal, pensions and money

Page 1 of 1
Flip | Customise

Care Fees

(6 Posts)
Add comment | Report
Barmyoldbat Sat 28-May-16 18:17:44

Help! Need advice and thoughts on the subject of care fees to the local council. My daughter is quite disabled and is cared for in what is termed as residential setting. She lives in the community in a bungalow with a great deal of support. She was married, to a chap also from the care setting but he died last year. Now we all assumed no money etc and no will. But this year we found amongst a load of paperwork that he had a pension provider and there was a lump sum available. My daughters mental capacity is that she didn't understand any of it. The pension provider has told us no money until probate is approved and that my daughter is entitled to receive it. All well and good, so the process started. In the meanwhile the Council has informed us that from the date of her husbands death the full fees are payable. My dispute is that she was not in legal ownership of the money and has not benefitted from it yet. Have consulted solicitors and other services but no one has the answer. Any ideas

Add comment | Report
italiangirl Sun 29-May-16 06:08:00

I'm not sure is she entitled to a disabled living allowance ,would she be eligible for an advocacy service and or the oversight of an independent reviewing officer the other thought is would Mencap have any ideas..Not that I am any expert however I used Work in the foster care Sector.and heard about the role of some of these,people.who seem to have a perspective of the service user.

Add comment | Report
Anya Sun 29-May-16 06:21:17

By 'the Council' this will mean some, probably junior, admin assistant who is just following procedure. I suggest you find out who runs that particular department and tell them to put a hold on their demands until this has gone through probate. Also if your daughter lacks the mental capacity to deal with then you must point that out too.

Given your daughter's position has she not an advocate appointed to help her with this?

Add comment | Report
iaincam Thu 02-Jun-16 14:46:27

The pension trustees have discretion as to who and how they pay the lump sum. I suggest you contact them and explain the nature of your daughter's disability, then ask them if they will pay the lump sum into a "vulnerable person's trust". You could be the trustees and as it would be a discretionary trust your it would not be means tested by the council and she would keep her benefits. The trustees could however use the fund to pay for holidays etc. VPTs also have tax benefits.
Do take proper legal advice on this.

Add comment | Report
zutnm Tue 07-Jun-16 13:59:36

Message deleted by Gransnet for breaking our forum guidelines. Replies may also be deleted.

Add comment | Report
dramatictessa Tue 07-Jun-16 14:06:12

Also, check if your council has a Money Management team. They manage the money of vulnerable people who can't manage it themselves. They should be able to give you advice and work with whichever department is demanding the fees. The service might have been a victim of the cuts in your area, not sure if it is a statutory service or not.

Page 1 of 1
Flip | Customise