This is not an instantservice so sometimes you will get a response in minutes and sometimes it willbe hours, or even overnight. We all have clients and court and other users andtravelling and weekends and evenings and misc interruptions etc. in addition,we are lawyers, not typists and some of us can't type that fast!
We will get back when we are online which is on and off all of every day usuallyIs sister incapable of managing on her own? It seems so, but I have to ask.
Will he allow carers to come in?
Yes, she is incapable. She is paralyzed on her left side, wheel chair bound,and some cognitive and visual impairment. she will never walk again and is unable to do anything for herself. The NHS has provided her with 2 carers 4 times a day to deal with her basic needs only. she is an insulin dependant diabetic and cannot administer her insulin or check her glucose level as carers provided by NHS are not authorised to do. Her is out at work all day and her 18 year old son sufferers from aspergers syndrom anr is volatile towards her. She owns part of the house. She is a diector of a small company with her 2 sister and part of a IHT Discretioary trust.He does not wish to pay towards her care and wants her to be put her in a NHS Casre Home. As her sisters wish to know what her legal rights are and how we can insure the best care
nothing has been proven officially sometimes she wil get muddled and other times quite lucid. we feel her husband may try to prove her incapacity. although her case worker always asks her what she wants and she is very clear that she does not want to be put her in a home.
I apologize for the delay. Is it possible to resume this dialogue after 17.00 this evening ?
Sister's Family Assets
1. House- Value £ 400,000- Equity after mortgage £ 270,000
Due to autistic son the likelihood is that the equity be divided into 3
Therefore - £ 90,000 per person
2. Perhaps a loan of £ 60,000 as part of her share of an inherited discretionary managed trust with the consent of her sisters.Does this trust have to be declared to the NHS ?
3.Income from small limited company of £ 250 per month
4. Husbands net income approximately £ 2200 per month
Her Age 54-- Husbands age 44
As you know her husband has from the beginning shown very little interest in her and does not consider her to be his wife.He no longer wishes to manage her care in even the smallest way. This lack of action has resulted in both of her sisters having to devote a great deal of time to her care.
Objectively speaking it is clear that their marriage broke down prior to her having a stroke. He also has the considerable burden of looking after their autistic son.
Obviously she is aware of her vulnerability and is resigned to her lot unfortunately she is only lucid part of the time and as a consequence would resist a divorce.
As sisters we have her best interests at heart and her quality of care is recognised by both ourselves and the authorities as being inadequate.
Bearing in mind
1 It is in her interest to receive the best care package available from the NHS. The NHS has put a package in place and are prepare to enhance it ( increase it) but this is still being negotiated .
2. Presently the husband has resisted more visits/help/intervention from Care workers and Social Security personnel to help her at their home because he finds it intrusive.
Question : Would it be a good course of action to pursue
!. Encouraging/ insisting on a divorce in order for her to receive her entitlement to the equity and with her other assets buy for her a Warden assisted home and combine that with the care package offered by the NHS.
2. Put her in Home which is ostensibly paid for by the NHS but there may be a short fall. Perhaps the husband can contribute towards the short fall.
3. Or perhaps it is better to
a) not to get divorced b) not receive a loan . c) not selling the family house but maintaining it for husband and son. d) Putting her into a home and insisting that the husband financailly meet the short fall
The Social Security's and NHS'S preferred course of action would be to care for her at home.
This has been pursued for one year and has proved to be completely inadequate due to the husbands total lack of interest and care and resistance to health workers visiting their home. This combined with the behaviour of their son.
The cost of a warden controlled property is £ 160,000