My Mother and Father in Law own a house which my FIL continues to live
in, whilst MIL is in a residential home suffering from advanced
Altzheimers. I posted in this group a few weeks ago about the SS trying
to go against a Court of Protection order which argued that, despite
the fact a lot of savings were in MILs name, they were in fact Joint
savings and should be treated as such. SS backed down on this one, and
the savings in MILs name are under the £21000 threshold. So far so
good.

My FIL is finding it very difficult to cope in the house - and is
thinking of selling and buying something smaller - perhaps some
sheltered accomodation. The thing is, when he sells the house, will
the SS automatically apply half of the proceeds to the MILs assets on
the grounds that she has a half interest in the property, in which case
FIL will have very limited funds to buy somewhere else, or will he be
able/have to buy a property of similar value, (taking account of moving
costs) as the previous property (around £230,000) therby sheltering
the funds?

I know that a contributer to my previous posting argued we should
challenge the legality of the SS having ANY of my in laws money in the
light of previous case history, but that is easier said than done. The
fact of the matter is my MIL is in a private residential home, who are
coping with her very well, and she is 'stable' (if totally incapable)
and so does not need any regular nursing care, and so does not qualify
for NHS continuing care. That is very difficult to fight against, and,
at the moment, given that the present funds are under £21000, we are
unlikely to be the beneficiaries of any changes to the source of
funding - just the SS! Of course this will change if FIL dies, or the
SS apply a claim on half the proceeds of any sale of the marital home,
at which time it may be worth fighting.

Has anyone had any experience of a situation like this, and know how
the SS would veiw a sale of the marital home?

My Mother and Father in Law own a house which my FIL continues to live
in, whilst MIL is in a residential home suffering from advanced
Altzheimers. I posted in this group a few weeks ago about the SS
trying to go against a Court of Protection order which argued that,
despite the fact a lot of savings were in MILs name, they were in
fact Joint savings and should be treated as such. SS backed down on
this one, and the savings in MILs name are under the £21000
threshold. So far so good.

My FIL is finding it very difficult to cope in the house - and is
thinking of selling and buying something smaller - perhaps some
sheltered accomodation. The thing is, when he sells the house, will
the SS automatically apply half of the proceeds to the MILs assets on
the grounds that she has a half interest in the property, in which
case FIL will have very limited funds to buy somewhere else, or will
he be able/have to buy a property of similar value, (taking account
of moving costs) as the previous property (around £230,000) therby
sheltering the funds?

I know that a contributer to my previous posting argued we should
challenge the legality of the SS having ANY of my in laws money in the
light of previous case history, but that is easier said than done. The
fact of the matter is my MIL is in a private residential home, who are
coping with her very well, and she is 'stable' (if totally incapable)
and so does not need any regular nursing care, and so does not qualify
for NHS continuing care. That is very difficult to fight against,
and, at the moment, given that the present funds are under £21000, we
are unlikely to be the beneficiaries of any changes to the source of
funding - just the SS! Of course this will change if FIL dies, or the
SS apply a claim on half the proceeds of any sale of the marital home,
at which time it may be worth fighting.

Has anyone had any experience of a situation like this, and know how
the SS would veiw a sale of the marital home?

Take a look here

http://www.gpss.tripoduk.com/nhscare/

The SS are bulls******g because the NHS are liable and the SS do not have
the legal capacity to pay for the care anyway. Fight them all the way.

Peter Crosland

Basso wrote:

My Mother and Father in Law own a house which my FIL continues to live
in, whilst MIL is in a residential home suffering from advanced
Altzheimers. I posted in this group a few weeks ago about the SS
trying to go against a Court of Protection order which argued that,
despite the fact a lot of savings were in MILs name, they were in
fact Joint savings and should be treated as such. SS backed down on
this one, and the savings in MILs name are under the £21000
threshold. So far so good.

My FIL is finding it very difficult to cope in the house - and is
thinking of selling and buying something smaller - perhaps some
sheltered accomodation. The thing is, when he sells the house, will
the SS automatically apply half of the proceeds to the MILs assets on
the grounds that she has a half interest in the property, in which
case FIL will have very limited funds to buy somewhere else, or will
he be able/have to buy a property of similar value, (taking account
of moving costs) as the previous property (around £230,000) therby
sheltering the funds?

I know that a contributer to my previous posting argued we should
challenge the legality of the SS having ANY of my in laws money in the
light of previous case history, but that is easier said than done. The
fact of the matter is my MIL is in a private residential home, who are
coping with her very well, and she is 'stable' (if totally incapable)
and so does not need any regular nursing care, and so does not qualify
for NHS continuing care. That is very difficult to fight against,
and, at the moment, given that the present funds are under £21000, we
are unlikely to be the beneficiaries of any changes to the source of
funding - just the SS! Of course this will change if FIL dies, or the
SS apply a claim on half the proceeds of any sale of the marital home,
at which time it may be worth fighting.

Has anyone had any experience of a situation like this, and know how
the SS would veiw a sale of the marital home?






Get your father in law to a solicitor who specializes in these
situations they can be very complicated especially if he is getting on
a bit himself and cant cope to well



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Take a look here

http://www.gpss.tripoduk.com/nhscare/

The SS are bulls******g because the NHS are liable and the SS do not have
the legal capacity to pay for the care anyway. Fight them all the way.

Peter Crosland

Thanks Peter - the SS must have the legal capacity to pay for the care
- 'cos that is exactly what they are doing now! MIL's assets are, at
the moment, under the top means tested threshold, so she is paying a
minimal contribution to her care - the SS pay the rest. There is NO
point in us disputing this at the moment as my parents in law would not
benefit from the NHS funding rather than the SS. Too much stress and
expense for no benefit.

My question was concerning the situation about the sale of the house -
would the SS automatically have the right to half the proceeds on sale,
or would my FIL be able to use the proceeds to buy another property as
he saw fit?

The SS are bulls******g because the NHS are liable and the SS do not
have the legal capacity to pay for the care anyway. Fight them all
the way.

Peter Crosland

Thanks Peter - the SS must have the legal capacity to pay for the care
- 'cos that is exactly what they are doing now! MIL's assets are, at
the moment, under the top means tested threshold, so she is paying a
minimal contribution to her care - the SS pay the rest. There is NO
point in us disputing this at the moment as my parents in law would
not benefit from the NHS funding rather than the SS. Too much stress
and expense for no benefit.

My question was concerning the situation about the sale of the house -
would the SS automatically have the right to half the proceeds on
sale, or would my FIL be able to use the proceeds to buy another
property as he saw fit?

I am not sure of the exact rules. In my own case in the last year the house
was exempt because I am disabled. I would seek paid for professional advice
because the SS neither know nor care about the law. They certainly don't
have legal capacity to pay for care in many, if not most, cases but that
does not seem to stop them. It is worth reading the judgement in detail and
pondering on why they did not appeal it.

Peter Crosland

Peter Crosland wrote:

The SS are bulls******g because the NHS are liable and the SS do
not have the legal capacity to pay for the care anyway. Fight them
all the way.

Peter Crosland

Thanks Peter - the SS must have the legal capacity to pay for the
care - 'cos that is exactly what they are doing now! MIL's assets
are, at the moment, under the top means tested threshold, so she is
paying a minimal contribution to her care - the SS pay the rest.
There is NO point in us disputing this at the moment as my parents
in law would not benefit from the NHS funding rather than the SS.
Too much stress and expense for no benefit.

My question was concerning the situation about the sale of the
house - would the SS automatically have the right to half the
proceeds on sale, or would my FIL be able to use the proceeds to
buy another property as he saw fit?

I am not sure of the exact rules. In my own case in the last year the
house was exempt because I am disabled. I would seek paid for
professional advice because the SS neither know nor care about the
law. They certainly don't have legal capacity to pay for care in
many, if not most, cases but that does not seem to stop them. It is
worth reading the judgement in detail and pondering on why they did
not appeal it.

Peter Crosland


peter i think the ss compile thier report and the local authority pay
they do wriggle though my mothers in a home after suffering a stroke
and they had the audacity to say it might help her if we bought her a
chair
cost ?3000.00 they even had the cheek to question the families
commitment to her if we didnt pay , they were very demeaning to my
brother my wife and myself (me amd my brother were in our working gear )
they even suggested that we were not capable of looking after her
affairs and they might have to intervene in her interests (again
looking at our working attire and making rather inaccurate assumptions
about our capablities)

They did everything they could to apply pressure upon us to agree to
pay
fees and hand over volentarly my mothers assetts (she is incapable of
handling her own affairs now)

they went as far as saying that they would seek legal advice as to
taking over my mothers affairs if we wouldnt agree to thier demands and
sign the prepared paperwork

At that point i said i would run it past my company solicitor , picked
up the mobile called her , the look on thier faces was one of horror
you could read it in thier eyes how could this guy have instant access
to a solictor

converation went something like this

Hi is adriane about , who is it , its steve from colevalley

hi steve ill put yu right through

hi adriene got a little problem with some paperwork can i read it to
you (gave her a brief description)

Give me 20 minutes steve ill come over ok see you soon


end of converation

SS by now were shuffling and skwirming all over they place , they asked
for some time alone to review thier paperwork

meeting reajourns adrienne arrives ss totally backtrack

5 Days later we recieve a letter , after seeking advice we have
reviewed the situation and find that we did indeed make an error full
funding is available for any equipment your mother requires we are
sorry for any distress this has caused


now when we have meetings they are nice as pie to us





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