My Dad and his home.

[Stevec76]

My Dad has Alzheimers and it has worsened over the last few weeks. He has almost paid off his mortgage, there very little left to pay on it. My sister and her daughter live with him. As I understand it, the government will take everything they can get their grubby little hands on. Leaving my sister to find somewhere else to live. She doesn't earn a lot and there is no way she will be able to gather together a deposit to buy. Has anyone got any advice for us, so we can somehow keep part if not all of our inheritence. I appreciate it seems mercinary, but my has piad all his taxes and national insurance all of his life. He has never claimed any benefits and now the government want to take everything he has worrked all of his life to keep and pass on. Please could someone offer help or advice?

[jenniferpa]

Hi and welcome to Talking Point.

The most obvious solution (but perhaps not the most practical) is for him not to go into residential care: then there would be no need to sell his property.

I don't suppose your sister is over 60? - if she was then the home would be disregarded.

[nicoise]

Dear Stevec76,

The issue of home ownership and paying for care is a difficult one; but it is what it is.

Read this Factsheet from the Alzheimer's Society for more information:

http://www.alzheimers.org.uk/site/sc...documentID=125

It may be that your sister and her child have some level of protection with regard to living with your father in his house. Everyone's circumstances are different, and I don't know enough to advise what the situation may be for your family.

I do appreciate the frustration you feel that your father has worked hard to achieve what he has; but the situation is that care generally must be paid for by those who have the financial means. Perhaps you might need to view his house as less an inheritance to be passed on, but more a means of paying for a possibly better quality of care (not always the case!) than he might get if paid for by the State.

[Nebiroth]

The problem is that the protection offered to relatives - other than a spouse, civil partner, any other relative aged 60+, or a 'close relative' 16 or under, - is discretionary. This means that the local authority have the power to decide whether to disregard the property as an asset or not.

The rules only say that the local authority may choose to disregard - the usual example is if someone who lives in it has given up their own home to move in as a carer.

This said, the local authority also has a duty not to render anyone homeless (since they would then be obliged to home them in some way). If your sister has a dependent child then this will strengthen her position. It is unlikely that the local authority would simply kick her out and force the immediate sale of the property. If the child is under 16 then I believe the property would be disregarded since a grand-child would likely be deemed a "close relative"

There is also the possibility of the authority placing a charge against the property; this is redeemed by them when it is eventually sold.

[Stevec76]

Thanks for replying. Its a big mine field for us and there doesn't seem to be a lot of physical help available at the moment. I asked for help form the council but they turned me down as he is still relatively early in the onset. I know there's online help, which comforting and offers a lot of advice. However, It's a struggle to get to the local Alzheimers society to speak with someone face to face.

Thanks for the advice.

[mike antony]

you could moneysaving expert forums
shelter are housing experts who can suggest another legal resource they give you number and pass you on

[mothergoose]

Hi

I don't know if this will be of any help, but mum has been in a care home now for 7years, sadly my dad passed away Jan 2011, he left me his half of their home. But just recently mum has now reached the financial level were she needs to be partially funded I have been renting the house out and was very worried that the government would make me sell and use mums half for her care but they have decided NOT to take the property into account. Its something to do with "CRAG" (sorry can't remember what it stands for)
They are also only taking mums half of the rent into consideration too
Apparently they now half to look at each case individually and look at all the circumstances involved.
The poor lady I spoke to as our local council kept asking me does your mum know she's ill? to which I replied SHE DOESN'T EVEN KNOW SHE'S ALIVE the trouble with the agencies they don't actually know the people they are talking about!!!!!

Being as your sister and daughter live there I would be very surprised if they forced them to sell/move.
I hope this gives you some hope,for like you I was also worried about loosing the last thing that my parents worked sooo hard for over many years.

Good luck and keep fighting the insensitive authorities

best wishes
Mothergoose
xxx