Premature Move into Care Home? Mistake?

A few years ago my mother was diagnosed with vascular dementia. She managed at her home even through the pandemic, with help from my sister, who lives nearby. Having said that, my sister was concerned that she was not eating properly, nor keeping herself clean.

A couple of months ago, (February I think), she asked my sister to take her to the local care home as she could no longer bear to be “home alone”.

Rather than arrange for her to go to the home, my sister actually took Mum to her house, where she looked after her.

As time went by, my mothers dementia became noticeably worse, and my sister began to struggle to cope, more with the relationship than the caring, to the point where I kind of stepped in and, between us, we arranged for mum to go into a care home in her village. We have a Power of Attorney for Finance and Wealth, but not Health, and are the two attorneys, although we made sure that Mum was happy to go to the care home, and it was her decision.

In the event, when I called to put Mum on a waiting list for her home of choice, it so happened that a room with an ensuite toilet was available and, as these were rare, we jumped at it, and she moved in last Monday.

Mum has enough money to pay for ten weeks of the care home and, if/when we sell her house, she would have around 3 years of care home fees, so she could self fund for this time.

Our, possibly naïve, assumption was that, at the end of Mums money, (£16,000?), the council would carry on with the payment for the care home.

However, reading this forum yesterday, I came across discussions relating to Deprivation of Assets, and “Assesments by the Council”.

There has been no assessment by the council as to whether my mother “needed” to go into a care home. The room at the home came available so quickly, we took it without thinking, on the basis that an assessment could happen after she moved in.

When the assessment happens, it is entirely possible that the outcome might be that she is able to live at her home with carers visiting several times a day, or maybe at my sisters if she is willing, with carers visiting. I therefore worry that, spending her money on a care home might be seen as deprivation of assets.

Alternatively, given that her money is being spent on her care, maybe it isn’t a deprivation.

I hope this makes sense, that you can see what I’m worrying about, and may be able to give some advice or reassurance. If you need any more info., just ask.

Many Thanks,

Richard

You’re spending the money on her, so definitely not a deprivation of her assets.
He mental health was suffering from being alone (that is how to word it for official people) and your sister couldn’t cope with her in her own house (stress, anxiety, breakdown in the family relationship) so that was no longer an option.
Carers coming in would not have reduced your Mum’s loneliness by much, they come in, do what is needed and go again. They don’t sit around chatting for hours. Also if your mum retains power over her health and personal care then carers going in could not have forced her to wash or eat properly and it is likely the loneliness (depression) that was responsible for this.

Now if you’d have put your Mum in the cheapest home available somewhere miles away so that you would inherit more potentially, then you’d have concerns that your decisions could come under scrutiny. Really, as it is, you should have no concerns. Just remember when there is an assessment don’t downplay things, we’re often reluctant to admit things like people not cleaning themselves, you need to be honest. Also use terms like “withdrawn” and “depressed” rather than just “she was getting a bit lonely”

Thanks for the reply - very reassuring.

I have now spoken with a specialist at Age UK, and she advised that she had not been asked the question previously, and was not aware of it ever having been an issue that had come to the attention of Age UK.

It has also been mentioned that people spend their money on respite care, as against long term care, and this has not been an issue either.

So we are reasonably comfortable that this shouldn’t come back and bite us on the bum.

In the meantime, my sister has started the process of arranging for an assessment, and we can take things from there.

https://www.carehome.co.uk/advice/can-i-be-held-responsible-for-my-parents-care-home-fees

One thing to consider for the future is that if she uses up all her financial resources and there comes a time where the LA have to take over payments, there is usually a ceiling on what they will pay the home. The LA will usually try and negotiate a reduced fee when it’s their time to pay but it can mean that there is no guarantee she can remain in that home. The LA may want her to move to a cheaper one at that time, which can end up becoming a battle.

However, if you look at the CHC Framework, it says that people shouldn’t be moved unless there is good reason.

Thanks for that. The care home she is in have said that it is their policy to accept the current LA ceiling once a resident becomes LA funded. This obviously means that self funders do pay more than those funded by the LA, but I’m not arguing the toss on that one, as she is in the home she wants to be in.

I suppose it’s possible that the policy may change, (particularly if the LA ceiling falls), but we can only cross that bridge when it comes.

Thanks again!!

Richard, is mum claiming Attendance Allowance?
It is unlawful for a council to have a “ceiling” to the rates they are prepared to pay!

Has mum’s house now been sold?
If not, are other members of the family living there?

Hi,

Mum is claiming Attendance Allowance which is £240 a month.

I dont think the council have a “ceiling”, I think the lower amount being discussed is what they could provide adequate residential care for at a different care home.

House is on the market and a sale has been agreed today, (although it could obviously fall through at any point). Nobody else lives there.

Many Thanks,

Richard

Attendance Allowance at the higher rate is £90 a week. Check that she isn’t on the lower rate still.

Thanks for that. At £240 a month it looks like she’s on the lower rate. I think my sister has applied for her to go onto the higher rate, but that was a while ago. Maybe they have “decided” that she doesn’t require the higher level of supervision?

I’ll speak with my sister and see where things are up to on that front.

Thanks again.

Mums Attendance Allowance latest payment was £299, which doesn’t match the £90 per week for the higher payment.

However, I’m assuming that she has received the higher payment for part of the 4 week period, and that it will be £360 in another 4 weeks - We’ll See :slight_smile: