Re: Re: Care Home Fees
Originally Posted by
BRIANR
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I came back to Birmingham in 2006 after having early retirement and purchased a 3 bedroom bungalow with the proceeds of my home in London.
My father lived in a council house prior to 2006 and he joined me in the bungalow.
All has been fine until February 2017 but my father is now having to go in to care with dementia.
The council has stated it is entitled to assume my father owns half of the property and wants me to downsize to pay his fees.
Are the council within their rights to get me to sell my property?.
If the house is entirely in your name then my strongest guess is the council can't touch you. If the house is in joint ownership it then depends on the value of each half.
Should his half be so low then the council will or should pick up the whole of the care home costs.
Councils will try anything to avoid paying and this I think is one of their ploys to wriggle out of paying.
Ask yourself this
Should the person living with you out of kindness to your heart not be related, would the council still attempt to get you to pay something? I think not.
My first opinion would be to get solicitors advice ,some give the first half hour free. Don't whatever you do give in to the council so you can become homeless yourself
My initial reply to the council would go something like this
Sirs
thank you for your letter dated****. After due consideration I feel my only option, in your assumption that has no foundation I believe, is to seek legal advice on the matter in the first instant.
Therefore until I have consulted my solicitor I have no further comment to make
Something along those lines so you don't commit yourself to anything at his moment in time. keep it short so they can't pick up anything to their advantage
Please note
I have no legal knowledge or training. but I do know how to protect my interests.
Also it is vital to keep all correspondence (and a copy) and a record of any phone calls by yourself or them to include time/date and who spoken to.
Adding the "I believe" bit prevents any action against you as you are saying you are not sure it is just your thoughts. Another phrase is "I understand that"
Hope this helps