Mum's Partner refusing to pay market rent or move out to help pay for her care

[David78]

Hi

Looking for some advice, my mum who suffers from Alzheimer's is fast approaching the need to go into care, there is no LPOA in place, we are applying for guardianship

Mum's been with her partner for 20 years, they have always had completely separate finances, all bills are split 50/50, she owns her home & her partner pays £600 per month in rent (which is way below market rate) there is no tenancy agreement in place

When they got together her partner decided to sell his house which was very close to mums and buy 2 investment properties which he has been receiving rent for and has never shared any profit with mum. One property is within 2 miles of Mums house, he is on a good pension, he's also 10 years younger than mum (70) and is in perfect health for his age.

Until recently mums partner always thought he would buy the house & remain living there when she moved into care until my sister & I explained that we want to rent out her house to help pay for care & continue to be a financial asset so he will either need to start paying market rent £2k per month or move out.

Mum's partner has also declined any help. We have arranged for in home care to be provided but he has refused, on 3 occasions Mum agreed to have a care assessment, he dissuaded her each time, this never made sense, as he does not provide adequate care, but it seems his only reason for doing this is to remain in the house. He keeps trying to convince mum to sell him half the house which causes her great upset as she has never wanted to sell him any part of the house due to it being her financial security and is now not in a mental state to be able to anyway, yet he keeps bringing it up & causing mum to break down.

So he is refusing to pay market rent or move out of the property when she moves into care, he says he part paid for the kitchen renovation 15 years ago so he doesn't have to move anywhere and will not move out when mum moves into care and will also not help pay for her care

does anyone have any experience with this situation?

thanks

 

[Jessbow]

20 years is a long time!
Does not doubling his 600 P/M cover mums care, if he then picks up most the bills etc?

i'm sitting on the fence a bit

 

[cobden 28]

Hi

Looking for some advice, my mum who suffers from Alzheimer's is fast approaching the need to go into care, there is no LPOA in place, we are applying for guardianship

Mum's been with her partner for 20 years, they have always had completely separate finances, all bills are split 50/50, she owns her home & her partner pays £600 per month in rent (which is way below market rate) there is no tenancy agreement in place

When they got together her partner decided to sell his house which was very close to mums and buy 2 investment properties which he has been receiving rent for and has never shared any profit with mum. One property is within 2 miles of Mums house, he is on a good pension, he's also 10 years younger than mum (70) and is in perfect health for his age.

Until recently mums partner always thought he would buy the house & remain living there when she moved into care until my sister & I explained that we want to rent out her house to help pay for care & continue to be a financial asset so he will either need to start paying market rent £2k per month or move out.

Mum's partner has also declined any help. We have arranged for in home care to be provided but he has refused, on 3 occasions Mum agreed to have a care assessment, he dissuaded her each time, this never made sense, as he does not provide adequate care, but it seems his only reason for doing this is to remain in the house. He keeps trying to convince mum to sell him half the house which causes her great upset as she has never wanted to sell him any part of the house due to it being her financial security and is now not in a mental state to be able to anyway, yet he keeps bringing it up & causing mum to break down.

So he is refusing to pay market rent or move out of the property when she moves into care, he says he part paid for the kitchen renovation 15 years ago so he doesn't have to move anywhere and will not move out when mum moves into care and will also not help pay for her care

does anyone have any experience with this situation?

thanks

What about seeking legal advice on how to get him out of the house? It's not as though he'll be homeless of he owns other properties.

 

[nitram]

From what you have said the house will be disregarded in any LA financial assessment meaning that even if your mum's other assets are below the upper limit it will not be pushing for a sale to release funds for care.

As deputy you will have to act in your mum's best interests and the COP may challenge the low rent.

You could sell the house to pay for care, to the partner if he is willing to buy it, specific permission to do this would have to be requested in the deputy application.

If the house is retained and rented who does it pass to on her death, is there a will?

 

[canary]

As this man is your mums partner, the house will be disregarded as part of your mums assets all the while he is living there. Once your mums savings etc (not including the house) go below the £23,500 mark, then she will become eligible for Local Authority help with the fees. If her partner moves out, then the house will become part of your mums assets and you may eventually have to sell it in order to pay her fees.

 

[Jessbow]

As this man is your mums partner, the house will be disregarded as part of your mums assets all the while he is living there. Once your mums savings etc (not including the house) go below the £23,500 mark, then she will become eligible for Local Authority help with the fees. If her partner moves out, then the house will become part of your mums assets and you may eventually have to sell it in order to pay her fees.

saw going to say, that s the irony of him moving out.

It would only then come into play as her asset when he passed away. Might have another issue when she passes away though

 

[Bod]

Mother's Will is the key here, I feel.
Does she have one?
If not then the Intestate rules apply, he as unmarried partner would get nothing, and the house and contents would be sold. (Nothing to stop him buying it)

Bod

 

[Jessbow]

Mother's Will is the key here, I feel.
Does she have one?
If not then the Intestate rules apply, he as unmarried partner would get nothing, and the house and contents would be sold. (Nothing to stop him buying it)

Bod

Thats when she dies, she's going into care, not Died

 

[Shedrech]

Hello @David78
A warm welcome to DTP

This may help explain about paying for care

Paying for care home fees in England

Paying for a care home can be expensive, but you may be eligible to financial help from your local authority. In some cases, you might be able to get financial support from the NHS.

www.alzheimers.org.uk

Personally, I'd make sure the Local Authority and the OPG are aware of not only your mum's financial affairs but also exactly what is the position of her partner .... if he has been paying rent then effectively he is living in the property as a lodger, even without a written agreement, paying the money shows agreement to renting

A solicitor might have ideas

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