Yes the house is in my mothers sole name and she has lived there for 75 years.
My brother is 53 and her carer.
However this does not necessarily mean all is lost...
You could consider looking at an immediate care needs plan. This operates along the lines of a specialised annuity whereby in return for a one off premium your mother is guaranteed payments to fund or top up her care for the rest of her life. It can give reassurance as to the total cost of care whilst giving both choice and sometime a better standard of care and can be cheaper than watching reserves be eaten away at by the local authority. An IFA operating under www.symponia.co.uk can give more information on this.
Whether or not this is attractive will depend upon the size of your mothers estate and other factors but such financial solutions can be worth considering and are rarely mentioned by councils.
Is there anything above I can clarify for you?
They say that my brother would be able to buy a flat with some of the proceeds of the house sale and the rest would be used for mum's care. What happens if she outlives the money put aside for her? I know the flat would be in my mothers name as part of her estate.......could they make my brother sell that too? what would happen to him then?
The local authority would have a claim against any money in any accounts your mother maintains in her name and any other assets. If these combined sums total £23,350 or more (which presumably would be the case), the local authority has a claim against everything above that sum. Once your mothers capital reduces below £23,350, the local authority will begin contributing towards her care until her savings reach £14,250.
After the savings reduce below £23,500 they will expect your mother to contribute 1 pound for every £250 of capital she has between £14,250 and £23,350. They would also have a claim against any money she receives as income except for some minor amounts that he is allowed to keep for her own spending requirements. After her savings reach £14,250, the council will fully fund his care without contribution from him at all.
any property that is purchased with your mother's assets would remain liable to potential future claims from the local authority as may become necessary subject to the above maximum limits and accordingly, any property purchased would potentially be vulnerable to a future requirement to sell as needs dictate.
Remember however that there are potential financial solutions such as that referred to above which can give security and certainty in respect of your mother's finances and these are well worth exploring.
Does the above answer all your questions or is there anything I can clarify or help you with any further?