Hi, I am very concerned that mum and her property will be ‘drawn in’ to a needs assessment that the council want to carry out on her partner.
Her partner, to all intents and purposes, is a licensee. They got together 12 years ago in their 80’s and there was never any intention to live together. She started looking after him in her home when he developed altzheimer’s 4 years ago. He still has his own home for which he pays council tax, utilities etc; but isn’t safe to live there alone. Mum’s health is failing but we can care for her in her own home. We have financial power of attorney. Mum can no longer care for her partner without her help and we are withdrawing care for him
His family are finally taking responsibility and have requested a needs assessment for him. The council are refusing to do this in his own home as he currently lives with mum. They have indicated that they intend to look at putting care into her home for him and that it is very unlikely they’ll put him in a home.
My concern is that mum will be drawn into this and that once she accepts carers into her home her property is at risk/flagged up as being up for grabs by the council. We have made it clear that we do not want a needs assessment for her but I don’t trust them.
We are considering issuing notice to leave to her partner via his family who are applying for deputyship. Can we do this a POA’s? Are we worrying unnecessarily? Unfortunately, mum now lacks capacity to see the bigger picture and will tell the social worker that everything is fine and she can cope. I am getting a report from her GP to support us in getting her partner moved out, but I am now very concerned about this needs assessment and think we need to refuse it being carried out in mum’s home. Can I do this?
Any advice about what we should do to protect our mum and her house is greatly appreciated.
There are times when one well written letter from a solicitor is worth every penny it costs.
This is one of them. Get this sorted once and for all.
However, as far as the value of the property being taken into consideration for any financial assessment, don’t worry. The Care Act says these assessments can be done either jointly or severally, at the choice of those involved.
My own feeling is that you should get this man out as soon as possible, he has no legal right to remain. He has a home, he can go there, or emergency respite. That is NOT anything to do with you.
Time to stop being tolerant and get a solicitor involved.
You don’t need to worry about the value of mum’s home being taken into consideration as she is over 60. It’s that simple and straightforward.