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Care & carers

Will we be made homeless

(86 Posts)
ninathenana Sun 28-Dec-14 17:14:01

Well done Mishap I confess I copped out of typing all that by referring OP to the web site.

Grannyknot Sun 28-Dec-14 16:51:05

Yegads, what a complicated system. The mind boggles.

Nelliemoser Sun 28-Dec-14 16:23:33

Mishap Thanks for clarifying that, it is roughly what I thought would be the situation.

Mishap Sun 28-Dec-14 15:57:21

This is the relevant section:

"If you own your home, it may be counted as capital 12 weeks after you move into a residential care or nursing home on a permanent basis. However, your home won't be counted as capital if any of the following people still live there:
your husband, wife, partner or civil partner
a close relative who is 60 or over, or incapacitated
a close relative under the age of 16 who you're legally liable to support
your ex-husband, ex-wife, ex-civil partner or ex-partner if they are a lone parent."

Because you are young and not incapacitated, you do not count under the 2nd section above. So you would be made homeless if your gran goes into a home permanently - you would become homeless either after 12 weeks' stay, or after she dies (if she chooses to delay payment till after death).

If I were you I would plan that you will not be able to stay on in the house if she needs to go into a care home.

You would inherit any capital from the bungalow that had not been spent on care when she dies.

The only way you could inherit the bungalow is if she is cared for at home. Any outside care that needed to be brought in at home would have to be paid for from her pension.

The important thing is that she should receive all the care she needs, and you will probably need advice from Social Services as time goes on, even if she stays at home.

You also need advice from her doctor so that a proper diagnosis can be made and any treatment or help with care (e.g. day hospital to give you and your wife a break) can be put in place.

Even though you have a power of attorney, the bungalow is in her name and is her asset and the LA is entitled to count this as capital for paying for care, wherever it takes place.

Galen Sun 28-Dec-14 15:26:35

Hunter Frank where are you?

ninathenana Sun 28-Dec-14 15:14:45

There are various fact sheets available on line or to print on the Alzheimers Society web site. This is a FAQ there. I'm sure you will find the answers your looking for.

Nelliemoser Sun 28-Dec-14 10:28:19

Grandson 123 This is a very complicated situation. You really do need to get proper advice on this situation. Try CAB or look at the age UK website.

From what I understand just living in her house does not entitle you to live there if your Gran needs to go into a home.
I think there are particular age restrictions on this and any local authority would be entitled to ensure that any care home fees would come from the sale of her property.
The local authority would want to ensure that your Gran needs care and would look at a lot of alternatives before deciding she needs full residential care and in most cases she would have to be in agreement.

I would suggest that you think about speaking to you local authority housing office about this.

Mishap Sun 28-Dec-14 10:07:30

It is indeed tricky. Because you are young and fit your rights in this situation are less than if you were disabled or elderly. The strong likelihood is that the bungalow would be regarded as a capital asset for the purpose of care home fees and would either have to be sold or the asset frozen and recovered for the LA after her death.

The only situation in which this might not apply would be if her care qualified to be funded under the NHS (Continuing Care Funding) and for that to apply her needs would need to be medically related rather than social care.

It is extremely complex and you do need detailed legal advice about this - either Age UK or CAB would be the place to start.

Teetime Sun 28-Dec-14 09:56:02

Well I don't think its in anyones interest to make you homeless especially as you are beneficiaries of the will. Funding for care home placements is tricky and complex. In the first instance I think I might get an appointment with Citizens Advice and have a look at the YouGov website.

Jane10 Sun 28-Dec-14 09:02:46

Care homes have to be paid for. It's possible, even likely that the local authority would pursue her estate to recover costs. That's when you could be in trouble. In order to keep the house could you just look after her at home yourselves? Not necessarily easy but potentially manageable especially with visiting support which you may be eligible for. Discuss with your Grans GP

Grandson123 Sat 27-Dec-14 22:44:50

Hi after seeing a lot of helpful information and advice on this forum I'm hoping for abit specific to my situation. So hear goes.

I am 26 and I have lived with my grandparents since the age of 4. My mothers father and his second wife.

My grandfather passed away 4 years ago leaving a fully mortgage free house to his second wife (my gran)

It appears my grandmother is showing signs of a dementia related illness.

I have LPA for financial and health matters.

My wife has moved in along with her 10 year old daughter, after myself and my wife staying at either my grans house or my wife's for the last few years until my wife fell pregnant.

I have never officially moved out so it's been my only home.

I am not an official carer for my gran as she has not had an official diagnosis due to her being stubborn and in denial somewhat. I have tried persuading her but she is adamant there is nothing wrong, so it will be a matter of time before we have no choice but to get some help.

My gran has no savings her only asset is the bungalow.

I am in her will as the only beneficiary.

My wife and I have effectively given up the possibility of having our own home to stay with my gran.

Where do I stand regarding care home costs and what happens to myself, my wife, my daughter and stepdaughter if my gran needs to go into a care home.

Your opinion would be greatly appreciated as it's such a complicated area.

Many thanks