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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11433
Experience:  30 years as a practising solicitor.
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Mother in Care Home £480 per week. Council have agreed to

Customer Question

Mother in Care Home £480 per week .
Council have agreed to pay part £360 per week . Therefore £120 per week to be paid by mothers finances . All this took quite some time to agree & there is now an arrears of several thousand pounds that the council are trying to recover through me by taking legal action against me .I WAS mothers Power of Attorney but that has recently been passed over to my sister .
Mother Owns a house which is on the market in order to realise cash to pay for her care .I feel that I am not Liable for my Mothers debt & that the funds should be sought via my Sister from Mothers finances .Your view would be much appreciated
Submitted: 1 month ago.
Category: Law
Expert:  JGM replied 1 month ago.

I agree with you. Unless you have signed anything personally, this is your mother's debt. An attorney does not contract with personal liability. If your sister has control of the finances and there is money available your sister should be dealing with this. If there are no funds, tell the council that the house is being sold and they should be prepared to wait for the funds. It is extremely unreasonable of them to take this stance and you might want to see a councillor to express your concern at the attitude being taken by their officials. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 1 month ago.
Please find e-mail exchange below . Ms Stanley is my friend on whose behalf I am making these enquiries . Her e-mail following your advice is the one at the bottom & LCCs response is top .Dear Ms Stanley,
Thank you for your email.
It is the POA responsibility to ensure that care services are paid for and not to use monies for their own personal use, it doesn’t matter if you had contact with our office for personal liability.
There should have been sufficient fund to pay for her care services during that period and we would need to know exactly how the monies had been spent if these funds are no longer available. We have not agreed to wait for these funds via a property charge.
If you wish to have a solicitor act on your behalf and wish for me to contact them directly then please provide me with the details.
This case will now be passed on to our legal department who will take further recovery action if a repayment plan is not entered in within the next 14 days.
Kind Regards
Steven Leaf
Income and Debt Manager (Care)
Income and Debt Team
Lancashire County Council( 01772 531684***@******.***
www.lancashire.gov.uk
From: Cate Stanley [mailto***@******.***]
Sent: 15 August 2017 12:21
To: ***** ***** <*****@******.***>
Subject: Re: MRS ANNE STANLEY 10069829
Dear Miss Martin,
This is my mother's debt and while I was her Attorney I had no contract with your office for personal liability. As my sister is the sole Attorney all correspondence of our mother's financial and welfare aspects are to be dealt with by her.
As there are no funds or assets available to pay for mother's care needs and her property is currently on the market For Sale, you already have a 'Charge' on her property and have agreed to wait for the funds.
It is extremely unreasonable for Lancashire County Council Debt Management Team (LCC DMT) to take this stance and I will be seeking legal advice for my concerns of the attitude that is being taken by these officials.
I await your reply.
Ms C Stanley
Expert:  JGM replied 1 month ago.

What do they mean by "using funds for their own personal use?" Can you explain what has happened in that connection?

Customer: replied 1 month ago.
Whilst Ms Stanley was POA she was unemployed for a while & is again & her mother loaned her some money so that she could live . She did not receive any Jobseekers allowance etc as she lives on a Canal boat . Leaving Mothers house empty & ready for easy sale(no chain) .
Expert:  JGM replied 1 month ago.

When do you think the house will be sold?

Customer: replied 1 month ago.
Another viewing this week but been on Market almost 1 year
Expert:  JGM replied 1 month ago.

They can't sue you. They would have to sue your mother. In any event the house could be sold by the time they take this to court.