Today...Ugly....

Thanks to the original poster for opening up this topic.  There is a lot going on that not all of us realise.

The mother of a friend was highly active though well into her 80s until a nighttime trip at the top of the stairs landed her in a "care" home. While it is ideal, it is run by the local Council on the basis that she can stay there for her remaining years, just as long as they get all her assets and property now (less a derisory amount she can keep).  She could stay in a private home, of course, but once her funds were depleted she would be moved to the Council place anyway.

So nothing to show for her and her late husband's life and work to pass on to the children/grandchildren. Solutions on a postcard please . . .

Navigateur.

A story I hear more and more of. Three years ago my fathers estate was worth well over £100,000. On his death, just over a week ago now, he was bankrupt. Not even evough to pay for a decent, dignified, and simple funeral. When his Gaurdian and solicitor informed me, as the executor of my late fathers estate, he laughingly said that creditors will now have to go whistle, as will you, his executor and benifactor. Up to this point I always maintained a business like relationship with this man. Even respected his professional skill. Today all that has changed. Given that the Council and gaurdians have sat at the milking stool and spent the last three years driving my father bankrupt, I feel it only fitting that those same people provide the funeral I talked about. I refused the office of executor.

JDH - You could make a complaint to the Scottish Law Society and they may consider a investigation of the circumstances

I thought they were not allowed to take the last £16k of a persons savings? 

LOL. They did. Because the legal aid service is not fit for the purpose, I have to do all my own research and represent myself in any proceedings as an interested party. Quite franky, I think we should all be interested parties.

I'm feeling much better, and getting over the grieving prcess. My father would never have intended this to happen, and I think he would approve of my robust quest to seek justice, for that it what I am after. Justice.

LOL. They did. Because the legal aid service is not fit for the purpose, I have to do all my own research and represent myself in any proceedings as an interested party. Quite franky, I think we should all be interested parties.

I'm feeling much better, and getting over the grieving prcess. My father would never have intended this to happen, and I think he would approve of my robust quest to seek justice, for that it what I am after. Justice.

I am so sorry John, that you have to go through all this anguish!  It is bad enough losing a loved one without all this added upset.  Good luck with getting what is owed to you, I am sure that you feel the need to do this in your father's memory, I know that I would have had to do the same.

I thought they were not allowed to take the last £16k of a persons savings? 

It seems to be rather the first £16k.  Get it out and away while one can.

It sounds like something highly irregular has gone on with John's father's funds, but there are clear rules on what you have to contribute towards your own care costs if you have the funds.

These are the rules for Scotland........

Care in a Care Home

In Scotland the cost of care in a care home is broken down into three constituent parts.

• "Hotel" or accommodation Costs
• Personal Care
• Nursing

The Scottish Government, on the face of it, would seem is more generous than the English as in Scotland providing your needs have been assessed by your local Social Works Department, they will make flat rate contributions towards any Personal and if necessary Nursing Care you require, based on your physical/care needs and not financial means. A Financial means test is only carried out to determine whether you have to pay for any "Hotel" or accommodation costs. The amount they are currently prepared to pay is:

£171 per week Personal Care contribution and an additional
£78 per week if Nursing Care is required (2015/16)

However, Personal Care contribution is only made if you are over 65 and then if you take it you lose your entitlement to Attendance Allowance or the Care Component of the Disability Living Allowance, worth currently £82.30 per week at the higher rate or £55.10 per week at the (lower rate – for Attendance Allowance) or (middle rate if Disability Living Allowance) both rates are those applying in 2015/16. Also since June 2015 (unlike in England & Wales) they have ceased providing free NHS Continuing Healthcare to new applicants even if your needs are primarily medical needs unless your needs can only be properly met in a hospital. This means more people will have to be financially assessed to see if they need to pay for their own "hotel or board"costs.

Means Testing

Means testing in Scotland is only done to see if you would also qualify for help towards "Hotel" or accommodation costs.

Those with personal capital assessable assets (and ½ of any jointly held assessable assets) exceeding only £26,250 (2015/16) have to pay for all of their accommodation costs.

Only those currently below: £16,250 (2015/16) qualify for the maximum Local Authority budget, often known as the standard rate or contract rate. Unlike in England this rate doesn't vary from one local authority to another as there is a National Care Home Contract (NCHC) which standardises terms and conditions for local authority funded residents. During 2015/16 this sets the standard rate at

£609.31 with nursing care
£524.67 without nursing care

Of course you can choose a care home which charges above this standard rate for "Hotel" costs but you or a third party, will have to pay the difference.

Even where you do qualify for this standardised rate, they will expect you to pay them all of your income with the exception of Personal Expenses Allowance which in Scotland is (£25.05 per week 2015/16) and if over 65, £6 per week (if single) or £9 per week (if a couple) (2015/16) Pension Savings Disregard, away from you as contributions towards their funding.

Those whose capital exceeds the lower threshold but doesn't exceed the Upper Threshold will have the value of any capital above the lower limit theoretically converted into extra "tariff income" at a rate of £1 extra "notional income" for every £250 worth of capital exceeding the lower limit.

This is then added to any actual income received or you would be eligible for, if you claimed it, e.g. benefits. The total is then compared to the standard rate the Scottish Government has agreed. If your combined weekly income figure exceeds it you would need to pay for your own care until your capital reduced to such a level as the "income" didn't meet the standard rate. If the combined income, is lower then your local social works department will pay the standard rate but would expect you to pay them all of your income except the Personal Expenses Allowance.

So you could expect there to be something left after your death, but not a lot.

Good post KjellNN, thanks.