Mothering laws home

[Katyshaw]

My mothering law has been diagnosed with early Alzheimer's. She owns her own home.
And currently has two of her sons living with her.
My question is if she requires care, could they put a charge against the house even though it is the home of two of her sons?
Is there anything we could do to protect her home?


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[jeany123]

Hello Katyshaw and welcome to Talking Point I found this link it might be useful to you

http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=125

Part of it says this ,

Frequently asked questions

Does the person's home have to be sold?

If the person with dementia owns their home, this may be counted as capital and may have to be sold to meet the cost of care home fees. If the home is not sold within a certain period of time, the local authority can put a legal charge on it and claim back what is owed when the house is sold. However, there is a period of 12 weeks' grace after the person decides to become a permanent resident at a home, during which the value of the house is not taken into account.
If the person does not wish to sell their home, or is having difficulty selling it, the local authority may offer a deferred payments scheme. This provides an interest-free loan to cover the amount needed for the care home fees, which is paid back when the person's home is eventually sold.
A person's home will not be taken into account as capital if it is occupied by:
a husband, wife or unmarried partner
a close relative under the age of 16, or over the age of 60
a relative under the age of 60 who is disabled.
The local authority may also ignore the value of the house if it is the permanent home of a carer.

 

[Katyshaw]

Thank you

One son is 25 and the other is 35.
Don't really know if they can make the charge on the house when it is there home.


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[jeany123]

Thank you

One son is 25 and the other is 35.
Don't really know if they can make the charge on the house when it is there home.


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I think you will have to ask the Local Authority to make sure, unless someone else can come up with a answer on here ,

It might make a difference if they have always lived there but I am not sure,

 

[Noorza]

Thank you

One son is 25 and the other is 35.
Don't really know if they can make the charge on the house when it is there home.


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Putting a charge on it would mean they'd continue to live there and I believe the council get the money when the house is sold. Are either of them in a position to pay rent to cover the cost of the home, that way their inheritance would remain intact.

If MIL is self funding they don't touch the house.

I'm no expert in this area, hopefully others will be along soon.

 

[Katyshaw]

They both pay my mothering law board, but are both not in a position to rent themselves!




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[Chaucer 1931]

Hello KatyShaw,

I'm in the same position myself,I live in my mums home with my two daughters,my mum has Alzheimer's and I'm just at the start of sorting all the legal procedures out with a solicitor,as my mum will have to go into a care home and her house will be used as assets for her care.
From the early enquiries made,it looks certain that up until my mums death,we are allowed to remain in the house as then it would be sold and the money paid back to the local authorities. There is nothing else that can be done,me and my children would have a couple of months to clear and leave the family home,that is as far as my solicitor has come up with,there may be another way he said,but not a guarantee and more expense for me on top of everything else.
If I find out anything that could be of help,I will post back to you.
Good luck,this is a tough situation to be in,I know!