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How do you get round this problem ?


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Perhaps someone has been in similar circumstances and knows the answer to this problem...Sister in laws husbands dad has been in hospital is in his 80's and has medical problems that now mean he needs nursing care ....He has hadhis other son and daughter in law living in his home caring for him for over 15 years and he planned to leave the house to them....fine no problem there will made etc ... What happens to the son and daughter in law if he moves into a home .can the Council take his house to pay for his care and render the son and daughter in law homeless and have to house them ....Or do thay have a right to stay in the house ...This is in England ..Scotland I believe they would be protected form eviction ...?
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If his care needs are primarily medical as opposed to simply due to age

then he should not be made to pay. This is a basic principal of the NHS

but one which is routinely flaunted and has been for years and to it's

shame (if indeed any of it's members are capable of that emotion) the

government has done nothing whatsoever to redress the immoral situation

simply because to do so would cost money.


A society is judged on how it cares for it's weakest and

most vulnerable citizens and in this test the UK fails miserably.

To get back to your question, when you say he 'planned to leave it to them' do you mean that he has actually put something in place or just wishes for that to happen, it could make all the difference. However, be that as it may, I think that if the house has been the sole residence of his son and DIL for the past 15 years then the local health authority

will not be able to sell it and evict them and may even find it difficult to take a charge over it.

This is my opinion but I think you must seek professional advice.

Good luck

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Thanks for the link Ernie ...he did in fact make a will leaving the house to his son ...but then of course this illness came along to add to other health concerns which have now left him in need of nursing The son can not cope at home .. he has his own problems ..It seems the son and DIL from what I have read today will not have the fathers house sold from round about them to pay for his care ...but in the end it may be a matter for solicitors ..depends how the council plays it I susppose ....thanks for your post .
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Well I hope the situation works out for them but I have to say that when I asked about provision I was hoping for something a bit more concrete than a will which frankly is no protection and if anything serves to reinforce the fact that the property is his asset which he is free to will to them.

Too late now and I'm no expert in the field but whilst not without financial consequences of their own there are legitimate means by which the property could have effectively been placed completely outwith the grasp of anybody [:(]

If we, either as a couple or a survivour, find ourselves going back to UK in our dotage you can be sure that we will be doing our damnedest to arrive there apparently destitute !

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I would take the route of asking professinal nursing care fee planners, as well as finding out the council veiw on this. Some make you sell some put a charge on the home and some disregard it. There is a Gov paper on this, CRAG you can download  http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4107292e and that may give you some answers, not sure if it needs updating I became involved in this a few years ago and it was a nightmare, we came to the conculsion that in our local area it was more down to how much the fees were then the quality of care. Although we pay some of the fees and the house is not at risk (yet) we are always looking over our shoulder, Our local council is known for changing their minds.


This is a Nursing Fee agency number, got a lot of info from them as well, 0800 998833

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