Hi, this is my first time posting on here although I have been reading other posts for a few days. Mum was diagnosed with Alzheimers in July. She owns her own house in Scotland. My problem is that myself (54) and my daughter (24) live with her and have always done so. I never left home then became a single parent so it's always been just the three of us as my dad died 27 years ago.
So, if Mum should ever need to go into either a nursing or a care home would the house have to be sold? Does anyone have any experience of this situation?
Hi opaline,
Sorry to hear about your Mum. I live in England but have had a quick read of the rules in Scotland and with regard to the property they appear to be the same.
With the details you have given it is likely that your Mum's house would be regarded as her capital if she were to go into care.
In certain circumstances the house is disregarded by the state and the link below outlines them quite well. If your circumstances do not match any of the exceptions you can apply for a discretionary disregard where a LA lawyer makes the decision and since both you and your daughter have lived there all your life there is a good chance of success.
However (there is no easy way to put this
) because of your age the property will be automatically disregarded if you are still living in it when you become 60.
So the most likely thing to happen would be that your Mum enters into a deferred payment agreement with the LA authority who then pay for her care but require the money paying back on either her death or the sale of the property. If your Mum went into care today then that would mean less than 6 years of fees. Then depending on any other assets that she may have would determine if the LA then help with funding.
If at the present time there is no indication that your Mum will need to go into care in the near future then I strongly suggest you and your Mum enlist the services of a lawyer immediately to discus the possibility of becoming joint owners and to advise you around the thorny issue of Deprivation of Capital.
This site seems to cover most things you need to know.
http://www.careinfoscotland.co.uk/h...paying-care-home-fees/property-disregard.aspx
Also, if not already done, consider getting Power of Attorney to help with your Mum's affairs in the future.
http://www.publicguardian-scotland.gov.uk/whatwedo/power_of_attorney.asp
I wish you and your Mum well.