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BRIANR
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15-05-2017, 08:27 PM
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Re: Care Home Fees

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?.
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15-05-2017, 08:30 PM
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Re: Re: Care Home Fees

I think you need to visit the Citizens Advice Bureau, it doesn't sound right if your Dad doesn't actually own half of it!
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15-05-2017, 08:36 PM
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Re: Re: Care Home Fees

This sounds potentially serious Brian, I think you would be better off either asking Citizens Advice, or even a solicitor if you can afford it.

It could be very involved and without knowing the full details, I am not sure anyone can tell you.

I am only guessing here, but I imagine it might depend on who's name the house is in, and whether your father put money in etc etc.

I honestly think you should get professional help with this, you need to get it right.
However, I do wish you the best of luck with getting it sorted out. Sorry I cannot offer more help.
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15-05-2017, 09:06 PM
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Re: Re: Care Home Fees

Originally Posted by BRIANR ->
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
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17-05-2017, 11:21 PM
5

Re: Re: Care Home Fees

No response from the OP yet is see
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18-05-2017, 12:22 AM
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Re: Re: Care Home Fees

Originally Posted by realspeed ->
No response from the OP yet is see

No. Strange that?
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18-05-2017, 02:54 AM
7

Re: Re: Care Home Fees

No.
They cannot make you sell.
The council cannot assume anything.

if you are the sole tennant/owner they have no claim whatsoever.
If you are a shared tennant/owner with your father they still can't make you sell but could put a charging order on the property so the debt becomes payable when the property is sold.
The amount payable cannot exceed the shere held by your father.
Children are not responsible for their parents care needs or costs.

Get in touch with AgeUK.....they are very good and will help/advise

any written correspondence should be headed "without prejudice"

When used in a document or letter,*without prejudice*means that what follows (a) cannot be used as evidence in a court case, (b) cannot be taken as the signatory's last word on the subject matter, and (c) cannot be used as a precedent.
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18-05-2017, 09:25 AM
8

Re: Re: Care Home Fees

There is some called " NHS Care home Funding " if you will look that up on Google that might be able to help you.

I would say that you wouldn't have to pay any monies from your own home providing it is solely your name.

Good luck Brian
 

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