From what ive read up on this and if i have it right in my head the house can be sold. Its Mrs S Asset. And that's all they see the Asset's and Capital they can claw back.
If the Sons name was on the deeds or Half the house was in a Living Will (Which is stretching it) they would not force the Sale
of the house. But when Mrs Passes then the Share of the House goes to probate and then i think they can claim back the fees or balance owed.
The whole system stinks its wrong wrong wrong.
And for every corner you turn they charge the earth.
An Example of the same situation on paper but still wrong.
Mr & Mrs X meet fall in love.
Buy a house, but because this is in the 60's Mr X is the bread winner and is the only name on the mortgage. Guess what happens when Mr X is taken into care all them years later ? Yes they want to sell the house to pay the care fees.
What i will say there does seem to be variation per council which should no longer be the case so what im trying to say is that until you get the professional advice take it all with a pinch of salt.
I do think that at best the son may stay there until Mrs S Dies and then will be homeless himself afterwards and nothing to show for it.
The clock starts ticking 12wks after admission to hospital or home and then the bills start. And at about £395 per week or £1,580 per 4 wks any Assets tumble.
Offset with Income.
DWP SP Pension £130 ish . . .
DWP AA £79 -->> £ Nothing (Attendance Allowance)
Mrs S may have Private Pension
Its no way enough to cover any fees but slows the tide.
They stop taking the money when the Assets fall below £23,250 and No less than £14,250
if your Assets = + £23,250 this is Full Charge.
if your Assets = £23,000 then you pay £36 per week and not £395
if your Assets = £14,250 then you pay £1 per week and not £395
If your Assets = £14,000 then you pay nothing but to put it bluntly you have been raped well and truly.
What you have not said is if the Son has Power of Attorney ?
If not then its not going to be easy.
Drop me a pm if you need more information.
Ive pretty much been going through this for the last 2 yrs
Not the property but capital and assets gone !