Can the NHS make us sell a house to pay for care home?

[RyanB96]

Hi, 

 

My Nan died 5 years ago. Prior to her dying, she put her, and my grandads' house as "tenants in common", willing her half of the house equally 25%/25% to my dad and to my uncle. My grandads half is also willed 25%/25% to my dad & uncle. Since her passing, her 50% share of the house is now in my dad & uncles names. 

 

Recently, my grandad attained dementia and the NHS has insisted he cannot look after himself and put him in a home against his wishes, and against our wishes. We would much rather my grandad be in his own home with carers coming in, and we know full well he would prefer that too. However, due to COVID, the hospital are refusing to sort out more care plans, and insisting instead that he must stay in a care home instead (seemingly of their choosing - we haven't been given a say in anything, the NHS is making all of the decisions!). My mum & uncle are now joint power of attorneys for him. 

 

The care home/NHS are now stating that since my grandad owns 50% of a house, the house must be sold so that he can liquidate his 50% share, to pay for the care, and thus rob my dad & uncle of half of their inheritance (exactly the reason the house was put in tenants in common in the first place, to at least protect half of it!). 

 

On top of this, the care home/NHS has stated that since my uncle/mum are joint power of attorneys, and therefore would be selling the house on my grandads behalf, it is no different to my grandad himself selling the house - and thus my mum/dad & uncle would between them, incur all of the associated fees of selling a house that they do not want to sell - this will amount to around £10k at least. At minimum, the fees would be deducted equally from the total sales value of the house (and so, still my dad & uncle would be effectively paying for it through the value of their 50% being reduced).  

 

My dad & uncle had other plans for the house in the future and absolutely do not want to sell the house. They certainly do not want to pay any fees of selling a house they do not want to sell, and feel that a) the NHS should not be able to force them to sell anything - what they own is nothing to do with my grandad or the NHS and b) they should not have to incur fees of being forced to sell a house against their will. 

 

Can the NHS force them to sell the house? 

 

Any advice and thoughts on this issue would be appreciated, 

 

Thanks

 

 

[dx100uk]

Do we need to sell Mum's home to cover care fees? (continuing-healthcare.co.uk)

[RyanB96]

Thanks dx100uk - I looked into this today, and he has an assessment soon (NHS) - if that gets rejected, then we will get compass involved for a reassessment - Compass require a substantial upfront cost of £4,000 to perform an assessment, hence we'll only try them should the NHS-assessment fail. 

 

But should this assessment get rejected, and my grandad cannot receive "continuing health care", will he be forced to sell his house, and can they force my dad & uncle to sell their share, and make them pay for the trouble of it? 

[dx100uk]

i would not be paying anyone...simply ambulance chaser charging a fee for something you can do. 

i merely posted the link for information ONLY.

[slick132]

Hi Ryan,

 

Does your Gdad have a social worker appointed by Social Services to represent his interests as a vulnerable adult.

 

If not, speak to S Svs or his GP Practice asap to discuss this.

 

After her death, did YGdad pay any rent to YD and Y uncle for the 50% of the home he no longer owned.

 

If care home fees have to be paid you will have to liquidate YGdad's assets to pay or cover the fees yourselves

 

If GDad has the 50% share of the home, it'll have to be sold and 50% of the NET proceeds will be available to cover any care home fees payable.

 

I'd get on to S Svs asap.

[RyanB96]

Hi Slick, 

 

On what grounds could they force the sale of my dad & uncles share of the house? My Grandad's care fees is not their problem; it would be the equivalent of me randomly forcing the sale of my neighbours house, like their 50% share is nothing to do with my grandad or the care home, I don't understand how the care home could force that, if my dad & uncle outright refused? Can they sell only 50% of a house? 

 

He does not have a SS rep as far as I am aware, and no, he does not pay rent to my dad or uncle. 

 

 

[honeybee13]

There's plenty about this on the internet, Ryan, so it's worth having a read around.

 

This is information from AgeUK, for instance. It's about councils but the NHS could behave the same way. I would imagine the NHS couldn't take the money that represents your father and uncle's shares in the house, but I don't know for sure. You could try talking to your local AgeUK, they must come across this a lot and have people they can ask. I've always found them helpful.

 

https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/do-i-have-to-sell-my-home-to-pay-for-care/

 

HB

[slick132]

Hi Ryan,

 

I think your Gdad should have a Soc Svs Rep to help look after his interests. They will be well-placed to know the system and offer you advice, particulalry with the huge decision about where your Gdad lives.

 

I think the priority should be for your Gdads' Attorneys to work out where your Gdad can best be looked after, given his present needs.

 

If your Gdad had paid rent to his sons, this would have backed up the notion that he was paying for the use of the 50% share of his home no he longer owned. As he paid no rent, it could be argued (with regard to either care home fees and/or Inheritance Tax) that this was not an "arm's length" arrangement.

 

Councils are well aware of how and why people want to avoid paying high care home fees and you'll read about this under Deprivation of Assets in the AgeUK article. Any care home fees are payable by your Gdad from his assets and you are, of course, right that it's not your dad and uncle's responsibility to pay the fees. But unless they are prepared to pay the care home fees, they may have no choice but to allow the sale by the Attorneys.

 

1. Was Power of Attorney given some time ago, or more recently.

 

2. Was it done with involvement of a solicitor who could confirm yourGdad had "Capacity" to give the PoA.

 

3. Does the PoA cover Health and Care, or Financial matters, or both.