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Hi all My mother in law has cancer on her spine after having breast cancer. She is in hospital at the moment and the house she lives in with my sister in law is in her name. The house isn't suit… Read More
markvirgo Avatar
5m, 1w agoPosted 5 months, 1 week ago
Hi all

My mother in law has cancer on her spine after having breast cancer.
She is in hospital at the moment and the house she lives in with my sister in law is in her name.
The house isn't suitable for her to return to due to not being able to walk anymore so we have said for her to move in with my wife, son and I.

Financially she has no savings and the house was passed down from grandparents, we have a mortgage on our house and no savings.

Question is will she have to sell her house to fund the care as we will not be her carers during the day due to working.

This is all new to us so any help would be appreciated.
markvirgo Avatar
5m, 1w agoPosted 5 months, 1 week ago
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#1
One website to look at is http://www.myhomemysay.co.uk. Lots of info on there that may help you. They are based in Northamptonshire though.
#2
If you are seeking care from the local council / social services then I rekon you'll have to sell to pay for it. Assets are assets.

Edited By: rodders443 on Dec 11, 2016 12:17
#3
as sad as it is generally people have to sell all assets and use all savings before getting it of the government
#4
_pollyanna_
One website to look at is http://www.myhomemysay.co.uk. Lots of info on there that may help you. They are based in Northamptonshire though.

Great I'm in Northamptonshire also. Thanks


Edited By: markvirgo on Dec 11, 2016 12:20
#5
rodders443
If you are seeking care from the local council / social services then I rekon you'll have to sell to pay for it. Assets are assets.

greendan
as sad as it is generally people have to sell all assets and use all savings before getting it of the government

Thought so, Thanks
#6
You do get a certain amount from the government, though it is never enough. I believe it is dependent on the assets the disabled person has themselves, so your own finances are not related to that. Worth some extensive reading to be certain though.

You can also apply for more if the care needs are particularly full on, read up on the term 'continuing healthcare'.

You can also get some alterations to your home that may be required minus VAT if it's for a disability or long term illness, read up on 'VAT relief for disabled people'

Edited By: delusion on Dec 11, 2016 12:31
#7
She has to sell the house to fund her care if ahe goes into a care home. Rightly so as why should the tax payer do this? She can keep the house if she lives at the house still and gets carers to come in daily but from what you say, she is going into a care home.
banned#8
Hi there sorry to here about your situation I cared for a relative a few years back she owned her own home.I was basically told if I looked after her at home that would be fine if she was to go in a home then she would have to sell her house to pay for the care.her doctor wanted to send her to a care home but I objected I had social services to help me out with care allowances and other things they helped me out a lot there was no way I was letting a person sell there home that they worked so hard for only to fund there care in older age she payed enough into the system.
#9
markvirgo
rodders443
If you are seeking care from the local council / social services then I rekon you'll have to sell to pay for it. Assets are assets.
greendan
as sad as it is generally people have to sell all assets and use all savings before getting it of the government
Thought so, Thanks

Just incase she goes into a home, some info.

http://www.ageuk.org.uk/home-and-care/care-homes/the-means-test-and-your-property/
#10
I think you may be too late to do niw but most people transfer assets into their kids names in advance before something like this happens that way they cant touch it but youd need to speak to a solicitor i think u mite b too late now
#11
Just in case you did not realise, the local authority will be devising a care plan for your mother-in-law prior to her leaving hospital. I notice that you say you will be unable to look after your mother-in-law during the day due to working. The local authority will take this into account, your mother-in-laws wishes and yours also. It may well be that it is determined that someone will need to pop in to your house for a period while you are out working. This could be a MacMillan nurse perhaps? And of course, at this stage going into a care home will be considered as one of the options.
You mentioned that your sister-in-law also lives in the same house as your mother-in-law. Although you said the house is in your mother-in-laws name I am guessing you mean the deeds are and through inheritance she is the sole owner. I suspect your sister-in-law is not paying any rent in a formal way, in which case should your mother-in-law need to sell her house it would leave her homeless. It may be worth considering whether your sister-in-law could be given a more formal tenancy - but care needs to be taken to ensure this is not seen as a way of avoiding having to sell the house.
It is also at this point whether you should start considering becoming a power of attorney (welfare and financial) for your mother-in-law.
Both Citizens Advice and Age-UK are there for you to provide support and guidance.

Edited By: tardytortoise on Dec 12, 2016 19:15: typo corrections
#12
I know it's not really anything to do with what you asked that will depend on circumstances, incomes etc. But if she wanted to stay in her own home there is help out there or if you needed a hand. iWork for Marie curie nursing service and we provide a free service where we go into patients homes overnight n stay the night to give the family a break and help with pain control and symptoms etc. A lot of people like to b in their homes and can manage this with the right support. Hospital bed downstairs and whatever else they may need. There is help out there but sometimes it's hard to know where to look. Thinking of you all
banned#13
So you want to sell her house so you can have the money? I don't see anything underhand here at all.. :|

Why doesn't your mother in law arrange her car herself?
#14
Is there no way her house could be adapted?, perhaps turning the dinning room into a bedroom? having a downstairs bathroom?. There maybe financial help available.
#15
Thanks for you help

Just to clarify

She will be moving into our house with us and I personally don't require any benefits or carers allowance as my finances are OK for us to get along.
The caring required would be for her during the day as my wife and I have to work full time to pay the bills that we have.
Any financial help would be for my mother in law only.

She doesn't want to have to sell her house as the sister in law still lives there and so does the brother in law when he is in the UK as he works overseas so no financial gain for my wife and I.

Her house could be converted but as we have room downstairs that can be used as a bedroom as well as a bathroom and my wife would prefer her to be with us as she lives 75 miles away.

Our way would actually save the tax payers money as no expensive conversion would be required.


Edited By: markvirgo on Dec 11, 2016 13:50
#16
I feel for you all at this difficult time.I would recommend that you fully look into all the options by reading the following
Charging for Residential Accommodation Guide (CRAG) - Gov.uk
https://www.gov.uk/government/uploads/.../CRAG_34_April_2014.pdf
Age UK Factsheet 10 Paying for permanent residential care
Age UK factsheet 20 NHS continuing healthcare and NHS funded Nursing care. In my fathers case he received over £100 a week- (not means tested).He was not incapacitated enough for the continuing healthcare option which you have to jump through hoops to be entitled to.
Contacting your local authority and speaking with the Adult social care team who deal with the elderly and offer 'at home' support - means tested.
IF in the future, a residential home is the only option, some local authorities provide 3 months free care in a nursing home if the illness is terminal. This happened to my mother in law's case and sadly she passsed away in that time, in which case we did not have to use her assests/home/savings.
#17
Thats what anybody with any sense does. Think about it you work all your life pay taxes and own your own home. If you have to go into a care home and you have assets they need to be sold to pay for it. Meanwhile the next person may hve never worked claimed benefits all their life need a care home and the government pays the lot for them

Makes sense to put your house in your kids name cant be touched then
#18
markvirgo
Thanks for you help
Just to clarify
She will be moving into our house with us and I personally don't require any benefits or carers allowance as my finances are OK for us to get along.
The caring required would be for her during the day as my wife and I have to work full time to pay the bills that we have.
Any financial help would be for my mother in law only.
She doesn't want to have to sell her house as the sister in law still lives there and so does the brother in law when he is in the UK as he works overseas so no financial gain for my wife and I.
Her house could be converted but as we have room downstairs that can be used as a bedroom as well as a bathroom and my wife would prefer her to be with us as she lives 75 miles away.
Our way would actually save the tax payers money as no expensive conversion would be required.


Whilst you say you don’t require any carers allowance as you’re financially okay, I can appreciate this however do apply for carers allowance if you are acting as a carer then consider applying and just giving it to your Mother In Law in order to fund carers outside of the time you are able to care for her.

Attendance allowance in your Mothers in laws name also as this allowance is made available to people to fund paying for carers etc. It also applies to terminal cancers as well as disabilities and is graded on a persons specific level of mobility and assistance need.

Both of these are eligible regardless of income status etc.

A house doesn’t need to be sold for in-home carers but obviously you need to find the money from somewhere but you’re not put into a position where the house has to be sold.

It’s only when going into a care home that this becomes a situation if there’s no available funds to meet the cost, as after 12 weeks the house counts as “capital” and the exceptions are a spouse/partner living in it, a close relative over 60 or under 16 and there’s no specific allowance for children ie. 46yr child of the mother in law unless they have a disability themselves.

As for the house long-term and you think there is a real chance within the next few years the mother in law will need more advance care home services then if the daughter living there is on the same wavelength as yourselves and your mother in law (so many families are not and that's where trouble arises) then the best option is to get the house into the daughters name, perhaps yourselves too as a joint tenancy and consider it as an early inheritance and work out therms amongst yourselves that are fair and equal for all and the mother.

That's worth talking to a solictor about though as I think if the Mother in law did go into a home they still have a clause to take the home if the change was made within so many years.


Edited By: Gynx on Dec 11, 2016 14:42
#19
Thanks all

This has come as a shock to us as we have never been in this situation before.

All your responses have been great and I appreciate views from all sides.
#20
Just to clarify - you can't get carers allowance if you are working and earning over approx £110/week. However, your mother in law is probably entitled to claim PIP (previously DLA).
#21
Your mother in law is the one who qualifies for carers allowance, I would say she'd get the higher amount, about £80 per week. This she can spend, together with any other pensions, to help with her care. This a is paid to her, not you. Social services within the hospital will put a care package in place before she leaves hospital. Make sure they know she's coming to you, and try to be in on any meetings to ensure the package works for you all. We've been through something similar recently.
#22
booky
Your mother in law is the one who qualifies for carers allowance, I would say she'd get the higher amount, about £80 per week. This she can spend, together with any other pensions, to help with her care. This a is paid to her, not you. Social services within the hospital will put a care package in place before she leaves hospital. Make sure they know she's coming to you, and try to be in on any meetings to ensure the package works for you all. We've been through something similar recently.

Thanks, They have asked for our details just waiting for them to contact us.
#23
So sorry for your circumstances and good on you for helping out, that's what family's should do, I'm sure she's grateful for your help. I would suggest taking to Citizen's Advice Bureau, it's totally free and you can gather more info before you need to contact a Solicitor. Good Luck, and sending best of wishes to you all. Don't forget to take care of yourselves too, all too often we look after others and neglect ourselves (believe me, I know)
#24
Not sure if it's already been mentioned but please (from personal experience) make sure you get power of attorney (or similar) sorted. Doesn't matter if you are married, son, daughter or parent you need to make sure

Find a solicitor (with free 30min session) and ask

I suffered a very bad experience with the gestapo (I mean Social Services) and even though there's plenty of news articles saying they've been fixed - don't take their word
#25
rodders443
If you are seeking care from the local council / social services then I rekon you'll have to sell to pay for it. Assets are assets.

Yes this will more than likely be the case sadly as the house is in her name.
#26
Having Power of Attorney would make things easier for the future, but it costs. There are 2 types. The first gives you an authority to deal with her finances; bank accounts, investments, mortgage holders, pension providers etc. The second deals with her health should she be unable to make decisions about end of life care herself. The cost would be about £450 for each (you may not need both) but check with your Solicitor. She could only make you an attorney if she were classed as being mentally competent at the time of signing.
A half way, and free, compromise is to be made a DWP appointee. This is through the dept of work and pensions, phone them, give your m-I-l's details and someone will come and interview you both and, once agreed, you will be able to act on her behalf re government pensions and allowances. I also found some banks would deal with me as well on my aunt's behalf, but that's not guaranteed. This a totally free service.

As for selling her house to pay for her care, that is likely at some point but if it's put on a more legal footing with her relative (I.e a tenancy) it would be more likely for the local authority to pay any costs upfront but expect payment from the estate in the future.

We can advise on here, and tell you our experiences but talk to Macmillan, they really can make things smoother. Hope this helps.


Edited By: booky on Dec 12, 2016 07:57: Clarity

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