Any advice please, fees for care home, top up fees and possibly third party (me) may be responsible

Nobody can make you pay top up fees for someone, but cash strapped LAs will do all they can to get other members of the person in care's family to do so.

Hold your ground, Bikergran Just say no, and keep saying no. There is nothing the LA can do to make you pay them www.carehome.co.uk/advice/care-home-top-up-fees-when-are-they-unlawful

You may find this helpful:

Debunking the Myth of Next of Kin Liability

A common myth is that next of kin are legally responsible for their loved one's care home fees. This is simply not true. While family members can choose to contribute towards care costs, they are not legally obligated to do so. Any debts incurred for care home fees are the responsibility of the individual receiving care, not their next of kin.

In cases where a resident is unable to pay their care home fees, the local authority or care home provider may attempt to recover the outstanding amount. However, they cannot pursue the next of kin for payment unless they have explicitly agreed to contribute.

www.belmonthealthcare.co.uk/guides-insight/the-responsibilities-of-next-of-kin-in-care-home-fees#:~:text=Debunking%20the%20Myth%20of%20Next%20of%20Kin%20Liability,-A%20common%20myth&text=While%20family%20members%20can%20choose,not%20their%20next%20of%20kin.

I have no interest or affiliation to this organisation. It just sets out the legal position clearly.

This cannot be legal surely?

Just came on to say exactly what Dilemma has said so clearly.

OP - you could look at other care homes in suitable areas - your Dad’s council will have a list of those for which they will pay the fees, which should avoid a move as your Dad’s funds run down. Ease of visiting is a very relevant factor.

Thankyou all so far , I will keep checking back.

I have put my dads name on the list.

I reckon with what he has the money will be gone in around 12 mnths.

I thought I had solved the dilemma when my dad said he was ok going in a home.

He lives in Sheltered accommodation so no property to sell .

I have not asked about any funding as yet , it was only today I spoke to the home and put his name down.

There is a waiting list. I obviously have a lot more to do and look in to, I did not realise it was so complicated.

I cannot afford to be paying any top ups.

I can now see what people fight tooth and nail to stay in their own homes.

Kitty Lester - the council can take all the state pension but only half of any private pensions - my council tried to take the lot until I quoted the rules to them via an Age UK template letter.

Dilemma is correct. You are not obliged to pay top up fees for your father’s care, but the homes and Social Services will try to get you to pay if they can. Do not agree to do this nor reveal your income or anything else as it is the responsibility of Social Services to pay once your father’s income has been used.

When my mum's savings got down to the lowest level (maybe k13 ish) the council took over paying but they took her pensions (leaving her some spending money) and we had to top it up.

My late husband spent his last 18 months in a lovely care home, funded by social services/our county council. I had LPA and made his assessed contribution from his state & private pensions which continued to be paid. He lost his PIP when he entered the care home.
The council required a financial assessment (“means test”) which asked THREE TIMES for my income and savings details. I consulted Age UK and was advised not to reveal my financial details and that I could not be required to pay top-up fees.
You cannot be required to pay top-up fees when your Dad’s money goes below the threshold (approx £23000). If no- one else lives in his house, its value can be used to pay for care. Otherwise, social services must pay. They may threaten to move your Dad to a cheaper care home - you can oppose this as being detrimental to your father’s wellbeing.
Please check your assessment from the council- several of my husband’s were incorrect - never in our favour.

Hi. My mum was fully funded by social services, as she didn’t have a property to sell, and had less than 23k in savings. She had a lovely en-suite bedroom.
We were shown the rooms available, the bigger rooms with a garden view were £50 a week extra. The social worker explained that once mums savings had been used we would need to pay for it, if a time came when we couldn’t afford it she would be moved back to a fully funded room.
Mum was more than happy with the room she had been offered. Speak to a social worker and get things in writing from the home. Good luck.

My MiL is in residential care, the council pays 50% of the fees, the remainder is paid each month is paid from her state pension, which is still paid into her bank account, my husband has LPOA and he pays it monthly directly out of her bank account. The bill comes to him from the council every month.

www.independentage.org/get-advice/health-and-care/paying-for-care/care-home-top-up-fees

This may help.

Top up fees are paid by a third party never the person receiving care.

If your fathers money runs out then the top up fees are paid by yourself or another third party the fees are the difference between what the local authority will pay for care and the homes fees.

Beware, top up fees were not explained to me by the LA or the home, I was getting demands for many thousands of pounds.

The stress it caused me was beyond belief.

Sorry just ignore the last bottom 4 sentences thought I had deleted them (my post wasn't brief) lol