Housing & benifits - MIL discharged into care

Well done all grans for the good advice. And good luck, Crazylady
One thing to learn for everyone: get that PoA in place in good time.

CrazyladyC

Hi I'm new to the forum and desperate for advise.
My mother in law had a severe stroke and is unable to return to her home.
She is being discharged to a care home tomorrow.
She has a local authority bungalow and is on housing benifit and pension credit.
She didn't give anyone power of attorney and now can't talk.
We have heard nothing about next steps.
Can anyone tell me who I need to contact to sort these things out?
Thanks

That should all be sorted via social care workers etc.
Just tell the DWP of the change in circumstances just to cover yourself. Generally someone gets in touch with you. Maybe ask the care home of the financial situation. They helped me a lot when similar happened with my Mom. I didn't have power of attorney but managed to sort her finances out as I was next of kin at the time. I opened a seperate bank account to keep her money away and safe, then just paid back what was owed to the DWP.

Sago

You can apply to the Office of the Public Guardian for deputyship.
This will allow you to get control of her affairs.
It’s a lengthy process, and costs £400 ish.
Th paper work took me four days to complete but it saved me £800 in solicitors fees.
Just type in Uk Gov OPG deputyship and it’s all outlined.

This is correct, but I there may not be much point in spending the OPG fees in the OP’s case as her mother lived in social housing and is in receipt of pension credit.

Megslotts

welbeck

you need to contact DWP asap.
there are penalties for not reporting a change of circumstances.

They just ask for the money to be paid back.

carers have been fined over £300 for not reporting soon enough that someone was in hospital.
the DWP's armory is replete with fines/sanctions.

Hi, this will be a bureaucratic nightmare. Try and find a solicitor, maybe yours. Get proper legal advice. Her home will probably be taken back.
Good luck

Contact DW P and tell change of circs ….they will cancel everything but her state pension. The OPT ( older persons team) for you area are a good source of information.
It’s not as difficult or complicated as some make it sound . My husband had to go into care a year ago ( Alzheimers) after my third stroke ! …. and worsening arthritis!
I contacted DWP and they sorted it out …he was claiming attendance allowance only

Contact the stroke association.

Hi i am so sorry to hear this same happened in our family you will meed to inform the local authority or housing association of the situation say its temperary and you dont currently know how long she will be there once you know for certain you can get 1 or 2 weeks to clear the property if theres any equipment eg a wheelchair or bath seat you will will either the lender or an ot to arrange collection get a notebook write everything down phone numbers conversations action taken also meter readings if anything is left in the property the council will clear it and some will charge some wont good luck x

Babamaman

Hi, this will be a bureaucratic nightmare. Try and find a solicitor, maybe yours. Get proper legal advice. Her home will probably be taken back.
Good luck

If you read the original post you will see that the mother is unable to return to her home. There is no need to consult a solicitor in a case such as this. Talking about ‘a bureaucratic nightmare’ is unnecessarily alarmist.

Katyj

Hi again. Attendance allowance is still payable for the first four weeks then stops. I’ve had to inform them. Her pension and pension credits will be used to pay for her care home.
Their May be top ups to pay at the care home too they can be anything from £20 to £400 per week, the family pay this. I’ve asked for a care home without top ups theres not many.

No, the family shouldn't have to pay this at all - the bill is purely your MIL's, although you can choose to pay top ups, is my understanding ....

Should my mum have to go into care there is absolutely NO way I could pay a penny in top ups, I haven't got a penny to my name. Any top ups would have to come from her estate, although selling her property would be troublesome, as the Service Charge she pays is utterly ridiculous, and could become a millstone around my neck ....!

MadeInYorkshire

Katyj

Hi again. Attendance allowance is still payable for the first four weeks then stops. I’ve had to inform them. Her pension and pension credits will be used to pay for her care home.
Their May be top ups to pay at the care home too they can be anything from £20 to £400 per week, the family pay this. I’ve asked for a care home without top ups theres not many.

No, the family shouldn't have to pay this at all - the bill is purely your MIL's, although you can choose to pay top ups, is my understanding ....

Should my mum have to go into care there is absolutely NO way I could pay a penny in top ups, I haven't got a penny to my name. Any top ups would have to come from her estate, although selling her property would be troublesome, as the Service Charge she pays is utterly ridiculous, and could become a millstone around my neck ....!

Top ups cannot come out of the estate.

CrazyladyC I do hope you get all this sorted. Can I just make a wee plea that you look after yourself throughout this process? I found it one of the most difficult times of my life when my dad had to go into a home. I’ve suffered ocular migraines ever since. Please take care of yourself. You’re important too. Sending love and 💐

I must agree with FFion to look after yourself. As an only child I found the stress immense (though in some ways it was a help that I didn't have siblings squabbling over my choices) - and I am usually a well-organised practical person. I suffered a stroke the day after she went into the Home. Take time to relax and let it wash over you a bit. xxxx

Sago

MadeInYorkshire

Katyj

Hi again. Attendance allowance is still payable for the first four weeks then stops. I’ve had to inform them. Her pension and pension credits will be used to pay for her care home.
Their May be top ups to pay at the care home too they can be anything from £20 to £400 per week, the family pay this. I’ve asked for a care home without top ups theres not many.

No, the family shouldn't have to pay this at all - the bill is purely your MIL's, although you can choose to pay top ups, is my understanding ....

Should my mum have to go into care there is absolutely NO way I could pay a penny in top ups, I haven't got a penny to my name. Any top ups would have to come from her estate, although selling her property would be troublesome, as the Service Charge she pays is utterly ridiculous, and could become a millstone around my neck ....!

Top ups cannot come out of the estate.

In that case there won't be any then sadly ....

Age Uk 100%.

Sago is correct you need to apply for Deputyship, it can take up. to 12 months togo through, but if you do not apply the authorities take over and charge accordingly. Once you get deputyship you have to account for every penny you spend of your mother's money, and it all has to be spent in her best interest. It sound horrific, but once you get it all under control it becomes easier. They can ask for records each year but seldom do. Good luck with it all, breathe and ask for all. the help you can get. Ask your local LA for carers support sign up and use them. This is for you. Your LA should support anything to do with your mother. This is why everyone should have POA set up as soon as they possibly can. The same thing happened to me when my late husband had a debilitating stroke, was totally paralysed and never spoke again, yet happily lived at home with me for 11 years. Your mother may just be in the current care home for assessment, usually 6 week which is paid by the LA. She should have an CHC assessment to see what funding she is entitled to before any financial assessment is done. Decline to top up and decline to. give any financial information before the CHC checklist and assessment has been done. It is your right, it should be done prior to hospital discharge. No ifs and buts.

Alternatively the local authority can apply for deputyship, something I often did when the family wasn’t interested (or in your case MadeinYorkshire, might find it impossible to find the fees). This extended to selling the person’s home and paying the bills in the meantime. The local authority made no charge to the family for the work involved, when eventually the person died, but things may have changed in that respect.

After experiencing various situations, within my family, of elderly relatives and their "care" when they could no longer live at home; I have a POA, a Will, organised my funeral and was in the process of putting my name on the waiting list (it can take years) of a care home of my choice, just in case I will need one. Unfortunately I discovered the said care home is in dire straights, so back to the drawing board.
We should all plan as much as we can, for our end of life and save our families an awful lot of stress. Only two certainties in life - death and taxes.

Fully agree Mollie3 it should compulsory once you marry and have responsibilities. Also part of the teaching in schools.

Please look at the Care to be Different website as if your MIL's problems are medical she should be assessed for Continuing Health Care (CHC) which would pay ALL your mother's care fees. This is never suggested by anybody within the NHS but it is actually illegal for the Social Care to pay for care costs when it is medical care. There is also a CHC help page on Facebook and there are people on there who can help you make your case.

Care to be different:
caretobedifferent.co.uk/category/paying-care-home-fees/
Facebook:
www.facebook.com/groups/241799995867413

Megslotts

welbeck

you need to contact DWP asap.
there are penalties for not reporting a change of circumstances.

They just ask for the money to be paid back.

They can issue penalties!

When my Mum had a serious fall and was in hospital for a total of 9 weeks in 2 different hospitals we were so worried she might not survive. I was travelling a 60 mile round trip every day to visit her and was mentally and physically exhausted. I suddenly remembered I should contact DWP and did so immediately and told them she was in hospital. They wrote me a very curt letter and issued a penalty which was quite a lot and which I had to pay for not telling them sooner.

Have a look for carer support charities in your area, ours is amazing

DWP can issue penalties, I think it is £50. The best thing to do when someone goes into hospital is to let them know as soon as possible. They will work out when the 30 days are up and stop payments at that time. If you leave before then, just ring them and let them know so the payments don't stop.
The reason it is best to ring them as soon as possible is that if you have more than one stay within a certain period, it is counted as part of the 30 days.

Who assessed MIL as suitable for care home? Is it temporary or permanent? Whilst unable to talk, can she comprehend what is said. Someone must have told her what is happening, there is no way the hospital can just discharge your MIL without consulting her or a representative. Usually once admitted to a care home there is a 6 werk period for settling in and for the hone to ensure her needs can be met. Nothing changes during the six weeks. Once confirmation is hiven MIL will be a permanent resident then benefits etc will change. If her stay in hospital has been for 6 weeks or more DWP and agencies for benefits should have been informed as they will be cut or withdrawn. I'd definitely want to know who told MIL she was gojbg to a care home and, who chose the home for her. There should be a financial assessment to calculate her financial contributions to care costs, sicial services usually arrange that. As to her house, as stated 6 weeks should be allowed to ensure MIL will be remaining in a care home. Then the Housing Association will obviously want notice for her tenancy. Check the tenancy conditions. Apologies if I have misunderstood your post, you sound in a real panic. Not being able to speak, doesn't nean your MIL cannot make decisions.

There should be a financial assessment to calculate her financial contributions to care costs

No, this should be done after the assessment for Continuing Health Care. This is the mistake people make. This then means that Social Care is introduced rather than CHC. If a stroke has caused the need for care and the medical needs out weigh the social needs, then CHC should pay. This means the family would not be allowed to pay top up fees and a wider range of homes to meet her needs would be available.