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Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My father's elderly mother is in a care home funded partially by the local council an

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My father's elderly mother is in a care home funded partially by the local council and topped up by him. Unfortunately, she has been given notice to leave because of her poor behaviour. My father, who is 74, is at his wits' end with her (she's very demanding). There are no other relatives apart from my brothers and me and we can't help. My father has advised the local council he wants nothing more to do with his mother (they don't have a very good relationship). Is my father under any legal obligation to pay towards his mother's care in a care home? I'm asking this because the local council asked my father if he had power of attorney - which he doesn't other than he was given third party access to her bank in order to set up payments to the council for the care home costs.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if your father holds any formal power of attorney for his mother please?
Customer: replied 2 years ago.

No, there is no formal power of attorney.

Many thanks. On that basis your father has no legal obligation towards his mother in terms of care or funding her care unless he has entered into any contract or trust with his mother where he agrees to provide for her care in consideration of something she has done for him - such arrangements are unusual and I assume he has not entered into any formal arrangement with her unless you tell me differently. The council by contrast has a statutory obligation of duty of care towards your father's mother under a wide range of legislation including the Heath and Social Care Act 2012 and has an obligation to ensure that his mother is adequately cared for and kept fro harm. The local authority have a duty to pay for such care though they are able to claim your father's mother's assets except her last £14,500 and they can also take most of her income to pay towards care including her pension except for a small amount each for expenses. Subject as above, your father has no financial obligations to pay towards care for his mother other than via the top up agreement he has signed (more on this below). I note he has entered into a top up arrangement with the local authority in respect of his mother's care. This is an agreement with the council that your father will pay a defined top-up payment each month towards his mother's care. As above, it is not a requirement and is an agreement that is entered into voluntarily by individuals who wish to pay for an improved level of care beyond that basic level offered by the council. If your father wishes to end the top of arrangement, he will have to give notice to the council of his wish to cancel the arrangements. The top of agreement will be subject to a minimum notice period which will be set out in the agreement. If your father has not retained a copy of the agreement, he can ask the council for a copy and also asked the council to confirm the cancellation notice period he is required to give. The council can legally demand payments until he provides notice of cancellation and the minimum notice period has expired. After that, his liability under the top up agreement comes to an end but the council may move his mother to a less expensive care home following the end of the top up agreement. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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