Moving a relation in the houes rent free

[raycare]

My dad has dementia he is in hospital at the moment my brother who has power of attorney has moved his son and son girlfriend and there 2 month old baby in to my dad house so they can live rent free he will not talk to me about it I live in Spain
What are the downfalls of this ?
I think the house should be rented to a tenant that would pay going market rate but he said if the rent money goes in dad bank account it's too complicated as it means he have to much savings
How dose this work ?

 

[raycare]

My mum and dad both have dementia mum in a care home my dad is in hospital but going to go in a care that's a long story I don't know if he can stay in his house or not
But my brother has total control as I live abroad
I would like my dad to stay in his house

 

[Grannie G]

Welcome to the forum @raycare

Your brother is guilty of deprivation of assets if he prevents your dad`s house from being rented.

It`s difficult, because if the house was left empty that would not be considered a deprivation of assets.

I suggest you contact the support line about this. You will get advice more quickly than if you contact social services from Spain.

• Monday to Wednesday: 9am – 8pm
• Thursday and Friday: 9am – 5pm
• Saturday and Sunday: 10am – 4pm

Dementia Support Line

If you need dementia support, we’re here for you. Get personalised information, support and advice by calling us on 0333 150 3456.

www.alzheimers.org.uk

Your brother is in danger of having to pay back rent for however long he has lived in your dad`s house rent free.

 

[Izzy]

Welcome to the forum @raycare.

I’m sorry to hear about your parents. I know that you would like your dad to stay in his house but in reality this might not be the best way forward for him. I suppose it depends on his needs. It might be that he will be safer and his needs best met in residential care.

It’s so hard and you must be in emotional turmoil. I’m glad you’ve found this forum. You’ll get lots of support and understanding here.

 

[Banjomansmate]

You say your Dad is in ‘hospital‘, is this a permanent stay or is Dad expected to return home? If he comes home what will happen to the young family? If he is permanently in a Care Home and the LA are currently paying towards his fees then not getting rent from the property would be considered deprivation of assets.

 

[raycare]

This has just happened a about 8 days ago my dad is in hospital but my brother said his dementia is to bad for him to be in the house my him self and he needs to go in a care home
My brother son n girlfriend that have moved in to his house are unwilling to help look after him

 

[sdmhred]

If he has POA he is at risk of getting in trouble for benefitting and causing deprivation of assets.
You can leave him to sort the mess out, or report the situation to the local authority or office of public guardian.
Depends on what stress levels you feel you can manage plus any relationship ongoing you would like with your brother.

i feel for you - take some advice as others have said xx

 

[Banjomansmate]

If your Dad owns the property then it will be considered an asset when it comes to a financial assessment when considering who pays for residential care, in which case , depending on how much savings he has, it will probably have to be sold to fund his care.
It sounds as though your brother is thinking that if he keeps Dad’s savings below the minimum amount at which he would have to contribute towards residential care then the LA will pay. The house will have to be sold though, as far as I know. If grandson pays market rent it might be enough to keep things going for a short while but unlikely. Perhaps he is hoping to claim that with the baby they will be considered as dependents and be allowed to continue living in the house?

 

[raycare]

If your Dad owns the property then it will be considered an asset when it comes to a financial assessment when considering who pays for residential care, in which case , depending on how much savings he has, it will probably have to be sold to fund his care.
It sounds as though your brother is thinking that if he keeps Dad’s savings below the minimum amount at which he would have to contribute towards residential care then the LA will pay. The house will have to be sold though, as far as I know. If grandson pays market rent it might be enough to keep things going for a short while but unlikely. Perhaps he is hoping to claim that with the baby they will be considered as dependents and be allowed to continue living in the house?

If your Dad owns the property then it will be considered an asset when it comes to a financial assessment when considering who pays for residential care, in which case , depending on how much savings he has, it will probably have to be sold to fund his care.
It sounds as though your brother is thinking that if he keeps Dad’s savings below the minimum amount at which he would have to contribute towards residential care then the LA will pay. The house will have to be sold though, as far as I know. If grandson pays market rent it might be enough to keep things going for a short while but unlikely. Perhaps he is hoping to claim that with the baby they will be considered as dependents and be allowed to continue living in the house?

Yes that's what I am thinking that they are hoping to claim dependents and keep the house !!
I don't know if this can be done?
The grandson is not paying any rent
And my brother said he can't rent the house to a paying tenant as its to complicated ?

 

[raycare]

How easy is it to claim dependents and keep the house ?
There no tenant agreement and they don't pay any rent
they only just moved in because they got evited from there apartment

 

[Grannie G]

I don`t think they can claim dependency. As far as I know, the only ones who can claim dependency are those over the age of 60 who can show this has been their permanent home.

 

[Izzy]

@raycare I think you might find it useful to talk with someone on the Support Line -

Dementia Support Line

If you need dementia support, we’re here for you. Get personalised information, support and advice by calling us on 0333 150 3456.

www.alzheimers.org.uk

 

[raycare]

They have only just moved in but are making it there permanent home
As far as I know there is no lease
They are definitely not paying rent

 

[raycare]

I don`t think they can claim dependency. As far as I know, the only ones who can claim dependency are those over the age of 60 who can show this has been their permanent home.

That's what I read but there are case where children live in the house they can claim dependency

 

[Grannie G]

You do need to phone the helpline. They will be able to tell you precisely what the situation is.

 

[nitram]

That's what I read but there are case where children live in the house they can claim dependency

Only children of an owner who is in care count.

If dad has to move into residential care and his capital excluding the house is less than £23250 the LA will expect the house to be sold, renting it out would not provide enough to pay care fees.

 

[Banjomansmate]

I don’t think there is anything that you can do personally to change things. It will be up to the LA to force things through when the time comes for Dad to move into residential care if he doesn’t have the savings to self fund, as @nitram says.
However please do as @Grannie G suggests.

 

[Banjomansmate]

Just reread your original post and realised your Mum is also in residential care. If the LA is paying towards that and she is named as part owner, if Dad goes into care then the LA will almost certainly insist the house is sold to help pay for her care too.

 

[raycare]

Yes mum in a care home and I believe that my dad is going to need to go in a care home
When will they tell us the house needs to be sold ?
Dose this take a lot of time?

 

[Grannie G]

As soon as my mother went into a care home, I cleared her house and put it on the market. Houses don`t sell overnight. It could take time.