Hi,
My mother has entered a care home. We believe she has £40000 in assets other than her house. However we do not have access to these funds and would need to seek deputyship which could take several months. Should the council pay for her care until we get deputyship and then us settle what is due. I think it’s call an Interim funding agreement?
Thanks
Mark
Yes. The council must make sure care needs are met.
Mark, how I’ll is mum? Are you aware that she might be entitled to entirely FREE care under the NHS Continuing Healthcare scheme. Have a look at the CHC Framework, especially the checklist.
She’s had a continuing care assessment. I think my brother has appealed. I have a letter from the council they want me to sign which they are calling a deferred interim payment arrangement. I’m not sure if the social worker knows what he is doing as the wording eludes to a 12 week disregard. She has 40 grand in savings. What I’m worried about is starting the 12 Week disregard period too early as we want to try to keep the family home as my 2 brothers live in it. Can I enter that before we reach the 23000 upper limit.
What ages are your brothers?
54 and 56 so not a mandatory disregard.
Do NOT sign anything. Just keep reminding the LA that you have no authority to act for her at the moment. Expect to be bullied. I reclaimed £8,000 from mum’s LA!
Ok bowlingbun. My thought is that as she does not have capacity they have a duty of care to pay until this is sorted.
Yes, they do. Read through the 2014 Care Act Statutory Guidance.Help vthe Aged may do an easier to digest news sheet on the subject.
Thanks bowlingbun. I really appreciate your help 
although I may be back!
Come back whenever you need to. It’s a horrible time. What is wrong with mum?
Make sure she is getting highest Attendance Allowance,and Funded Nursing Care Allowance.
Stroke. In 6 months she completely cognitively disintegrated. She is getting £183 from NHS. Attendance Allowance can be claimed retrospectively so not worrying too much about that. I’m walking carefully as I don’t want her bank accounts to be frozen. I think my brothers would struggle to pay living expenses if that happened and pension syphoned off to care home.
Attendance Allowance cannot be claimed retrospectively as far as I am aware. If you become DWP Appointee, then benefits can be claimed and paid to the home quickly.
Your brothers need to consider their future financial situation urgently. It is unlikely that mum’s money can be used in future to fund any house expenses I’m afraid.