Mum is in a CH with dementia and house empty, can my sister move in on a temp basis

[Mojo5741]

Hi

My Mum passed away a couple of months ago and the house she and dad owned jointly has now passed to my dad. Dad has been in a care home with dementia for a number of years and at the moment is funded completely. The family home is empty while we decide what to do with it. My sister is returning to the uk from abroad and wants to live in the family home for a short period while she looks for a job; she would of course cover any bills etc. I am power of attorney for dad and am happy for my sister to live there short term and I am sure dad would be too. Can someone advise me please, is this ok in the eyes of the law, would I be breaching my duties as P of A and looking after dads best interests? Thanks

 

[jaymor]

Hi and welcome.

When you say your Dad is fully funded is this because the house was disregarded because your Mum lived there and his funds were below the level for self funding or is he being funded by the NHS CHC?

If it is the former, low level of savings then the house would now be seen as an asset that takes him above the threshold and he would have to become self funding. The house could be sold or rented out and the proceeds used to fund his care. If it is the second then it is up to you what you allow to happen with the house as long as your decision is in your Dad's best interests. House prices are now slowly rising so holding onto it for as long as you can would probably increase his assets faster than selling and putting into a bank with such low interest rates but this will obviously depend on whether he will need to self fund or not.

This is very basic information and I have not experienced the ins and outs as I live in the marital home and my husband is in nursing care. Someone will come along who knows more.

Jay

 

[Saffie]

Yes, jaymor is right. What happens to the house will very much depend on whether your father is self-funding from income and/or savings and for how long he can continue to do this without LA intervention.

However,regarding your sister staying in the house on a temporary basis , I wouldn't see it as a problem if she pays some rent. It will keep the house maintained which would have to be seen as a good thing surely. To be sure, why don't you ring the OPG and ask them.

 

[Mojo5741]

Hi and welcome.

When you say your Dad is fully funded is this because the house was disregarded because your Mum lived there and his funds were below the level for self funding or is he being funded by the NHS CHC?

If it is the former, low level of savings then the house would now be seen as an asset that takes him above the threshold and he would have to become self funding. The house could be sold or rented out and the proceeds used to fund his care. If it is the second then it is up to you what you allow to happen with the house as long as your decision is in your Dad's best interests. House prices are now slowly rising so holding onto it for as long as you can would probably increase his assets faster than selling and putting into a bank with such low interest rates but this will obviously depend on whether he will need to self fund or not.

This is very basic information and I have not experienced the ins and outs as I live in the marital home and my husband is in nursing care. Someone will come along who knows more.

Jay

Many thanks for responding. Dad is funded due to needing continual nursing care and not assessed on his assets; therefore the house isn't needed to provide an income at this point. Mojo

 

[Mojo5741]

Yes, jaymor is right. What happens to the house will very much depend on whether your father is self-funding from income and/or savings and for how long he can continue to do this without LA intervention.

However,regarding your sister staying in the house on a temporary basis , I wouldn't see it as a problem if she pays some rent. It will keep the house maintained which would have to be seen as a good thing surely. To be sure, why don't you ring the OPG and ask them.

Thank you for your help;my sister has asked to stay just for a short while rent free but covering bills. I think I will ring OPG as you say. Mojo

 

[grobertson62]

Hi
We had a similar issue. My dad was fully funded and my sister needed somewhere to live
As i had POA i felt it was in the best interest of all concerned if she rented it.
I set up a formal tennancy agreement. Arranged landlord insurance. This has worked well for the last few years.
We didnt want to sell and the money piled up in his account should he have needed it.
I also didnt feel i could sell it. Dads now passed away and sis will continue to rent it
Hope this helps
Gill

 

[zeeeb]

I would think it would be more "above board" for her to pay rent, to stay there. If it was a few weeks, that's one thing, but often a few weeks of free rent turns into a few months, and you need to be sure that you are clear to her, if she is to stay there for longer than perhaps 1 month, she needs to start paying a fair rent so that you can't be in trouble for not looking after your dad's interests and providing income to contribute to any of his care needs.