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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My aunt has had a stroke and is now ready to come home

Resolved Question:

Hi - my aunt has had a stroke and is now ready to come home but the hospital is saying she will need 24/7 care. We do not agree with this although do agree she will need some care. Do we need to take the hospitals advice ? Regarding cost of care - she has £44K savings so I assume she will have to pay herself - is there any help financially she can get please ? Also she owns quite a bit of land so will this have to be sold off once the savings run out? Any help or pointers in right direction would be very much appreciated. Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
May I ask why you think the hospital is wrong?
Clare
Customer: replied 2 years ago.

My aunt is now back to where she was before she went into hospital health and ability wise. She has lived on her own for 40 years and is very independent. The family feel the hospital are being over cautious and not understanding her home situation (she owns a horse livery yard and had people around her all day and I live on site in a separate building). The hospital appear to not let her do anything for herself. If we need 24/7 care it is not a problem and I assume if we do not follow their advice we are liable - but I just need to know legally how we stand on this matter and indeed how we pay when her savings run out. Does this help ?

Expert:  Clare replied 2 years ago.
Hi
Does your Aunt have full mental capacity?
Clare
Customer: replied 2 years ago.

She has the early stages of dementia. We have powers of Attorneys in place but have not needed to use them yet as she is still quite with us.

Expert:  Clare replied 2 years ago.
Hi
Sorry - I meant does she have sufficient capacity to make her own decision - with your support?
Clare
Customer: replied 2 years ago.

Sorry - yes she has capacity to make her own decisions.

Expert:  Clare replied 2 years ago.
Hi
In that case she can leave hospital if she wishes and provided you have put in place some plans for her care
Do remember that the hospital may be right and ensure that you have if a temporary full time carer IS required.
Unfortunately unless she needs Medical care rather than Social Care she will indeed have to use her savings to finance her care - until her savings and assets drop below £24,000 where a sliding scale of support begins.
You can read more here
http://www.ageuk.org.uk/home-and-care/care-homes/paying-for-permanent-residential-care/
I hope that this is of assistance - please ask if you need further details
Clare
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