I've put this in the Early Onset part of TP because it is probably more of an issue for families who experience Alzheimer's and other dementias at an early age.
I imagine that most such families will have partners who are joint owners of the family home.
Let's assume that is the case.
Where a partner is carer for the sufferer then their job is likely to go down the tubes, and that causes financial challenges, one of which is paying the mortgage, another is maintenance of the structure of the house.
Where a care home is involved, there may be a call on the resources of the sufferer, and the home is not one of those as long as the partner continues to live there.
If the partner moves to a different house, then half of the value of the property on the sale becomes an active resource for the sufferer, and may be taken for payment of home fees, etc, if these are due. This makes the purchase of another property for the partner a difficult issue, as half the value of one's current property may not buy very much.
If the partner wants to stay in the family home, then the maintenance of the structure may become a problem.
So here is the issue....
One of the first things one should have done early on is set up an Enduring Power of Attorney for the person who has the dementia.
One of the terms of the EPA is that the person nominated to sign on behalf of the sufferer is to ensure that the resources of the sufferer are maintained, and maximised.
Given that the half portion of the value of a house represents possibly the largest resource that the sufferer has, albeit only recoverable at the time of a sale of the property, it seems that the person who holds the EPA should be able to use part of the sufferer's other funds [bank account] to maintain the house, and therefore their equity. Specifically, any major bills might be split 50/50 as is the title of the house.
That would seem logical but we all know that logic plays little part in any of this. Does anyone have any experience of the situation, or knowledge of the legalities regarding the EPA?
I imagine that most such families will have partners who are joint owners of the family home.
Let's assume that is the case.
Where a partner is carer for the sufferer then their job is likely to go down the tubes, and that causes financial challenges, one of which is paying the mortgage, another is maintenance of the structure of the house.
Where a care home is involved, there may be a call on the resources of the sufferer, and the home is not one of those as long as the partner continues to live there.
If the partner moves to a different house, then half of the value of the property on the sale becomes an active resource for the sufferer, and may be taken for payment of home fees, etc, if these are due. This makes the purchase of another property for the partner a difficult issue, as half the value of one's current property may not buy very much.
If the partner wants to stay in the family home, then the maintenance of the structure may become a problem.
So here is the issue....
One of the first things one should have done early on is set up an Enduring Power of Attorney for the person who has the dementia.
One of the terms of the EPA is that the person nominated to sign on behalf of the sufferer is to ensure that the resources of the sufferer are maintained, and maximised.
Given that the half portion of the value of a house represents possibly the largest resource that the sufferer has, albeit only recoverable at the time of a sale of the property, it seems that the person who holds the EPA should be able to use part of the sufferer's other funds [bank account] to maintain the house, and therefore their equity. Specifically, any major bills might be split 50/50 as is the title of the house.
That would seem logical but we all know that logic plays little part in any of this. Does anyone have any experience of the situation, or knowledge of the legalities regarding the EPA?