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Mum deteriorated in hospital-part 2 - Page 4 - Carers UK Forum

Mum deteriorated in hospital-part 2

Tell us a bit about yourself here.
Make sure everything the council say to you is via email so you have a record.
Ask the council WHO they think is legally authorised to sell the house?
Who is going to empty it and prepare it for sale?!
Direct payments were agreed, and should continue.
Deferred payments are the logical solution.
Mum is very seriously unwell and you should be allowed to care for her in peace!
I'm not aware of any reason why the payment cannot be deferred. It's all under exactly the same legislation. But as no one has the power to sell the house at present, they really have no choice but to defer.
One of the problems where I live is that the social workers are in one department, financial assessments are done in another department. All the social workers want to do is send someone else the work. Their own knowledge is virtually non existant.

They have no knowledge of Contract Law, I studied it at degree level. When one care agency didn't do what they were contractually obliged to do, I witheld payment until they did what they said they would do. They never did, so I never paid them. Subsequently SSD told me off as "they are a small business and need the money" completely forgetting that I was running a small business myself.

Two of the area managers I've met were absolutely useless. In one instance I made a formal complaint of financial abuse, the area manager said she could find nothing wrong. I drove to M's house, took the records to her office and showed her how th emoney "disappeared" every Sunday night. There was always a surplus Sunday night, but the balance next morning was zero. She was horrified, but did nothing. (She now holds a VERY senior post in SSD). Another time, there was a problem with M's mileage, SSD were not paying for certain journeys. I explained to a different area manager that as all journeys were the same length and the same cost, all he had to do was count the number of journeys and multiply it by the cost of one journey. He refused, and sent the job to Winchester!

I suspect that the social workers are giving duff advice through ignorance.
Maybe look at the 2014 Care Act Regulations, which contain details of charging for care.
I know there is a clause that assessed needs must be met, even if the client refuses to pay. Under these circumstances, the LA can take the client to court. As no one has POA for mum, that would have no hope of success!!!
Ok, I've found the time to look up the rules and they state that deferral is available when someone is in a care home or a supported living environment.

They're failing to recognise that by the best interests meeting agreeing that she should leave her leave her home and move in with you they have effectively made you her supported living environment and therefore can defer. Because she is in a residential placement that can meet her needs that cannot be met at home.

Got to be worth a go, especially as there's no way to sort out the finances otherwise. It would almost certainly have to go a lot higher than your social worker though, but it's what I'd be arguing in your position. Everybody wins.