Staying In Dad's House

[MaNaAk]

Hello Everyone and Happy New year!

I'm just posting this thread to see if anyone is in a similar position and what have they done. Dad has been in the care home since July and he has another year before his savings drop below £23500. The problem is can I still live in this house and pay the rest of the fees. I am considering renting out dad's room or moving. I would have to get more work to move and of course my invisibles tell me I am the problem. One of them is lamenting the fact that dad never fulfilled our parents promise to open an account for my nephews. This of course should have been done before dad's diagnosis so my brother is sad about this. I am 54 and I was going to the citizens advice bureau to talk about this but my youngest invisible doesn't see the point.

One of mmy brothers says I am slow to do anything and the other thinks I need help with maths!

MaNaAk

 

[Grannie G]

I wouldn`t take any notice of advice from any invisible @MaNaAk. They are more likely to be acting in their own best intersts rather than yours.

Getting advice from the CAB is a very good idea. They have access to legal advice and are much more able to tell you what you are free to do with your dad`s assets and what you will not be free to do.

You could also try our Helpline.

National Dementia Helpline

0300 222 11 22

Monday to Wednesday 9am – 8pm

Thursday and Friday 9am – 5pm

Saturday and Sunday 10am – 4pm

 

[nitram]

The problem is can I still live in this house and pay the rest of the fees.

The LA will not help with the fees if your Dad still owns the house, he would be regarded as self funding with you helping to pay the fees.

One solution is to use a deferred payment agreement (DPA)
https://www.moneyadviceservice.org.uk/en/articles/deferred-payment-agreements-for-long-term-care
The LA agree to lend money and place a charge on the house, the loan plus interest would have to be paid back within 3 month's of your Dad's death. There are also fees involved.
Have a read through the above link so that when you go to CAB for detailed advice you have some idea of what is involved and maybe have decided on questions to ask. You could write down things that you don't understand and ask CAB if they don't cover them in their explanation of DPA

 

[MaNaAk]

Thankyou Nikram and Grannie G!

One of my brothers mentioned my nephews inheritance and started talking about the will. When mum passed away ten years ago it was me he accompanied dad to the solicitors and whilst I was not a witness to him signing the will. I was told that the house would be divided between the three of us and my youngest brother also knew this. My nephews would be more likely to inherit my brother's house!

MaNaAk

 

[Kevinl]

Witnessing a will doesn't mean you are told the contents of the will, you are just witnessing the person signing the document, usually the contents are masked off with a piece of blank paper so none of the witness can actually read the will, just the signature.
There can be complications where the witness is a family member or a beneficiary but I'm sure the lawyer sorted any possible problems out.
Bottom line is you're better off not being a witness to a will that also makes you a beneficiary to avoid any possible problems.
If you're expecting the LA to start funding in the near future then anything gifted to his nephews now could be seen as a deliberate deprivation of assets and he would be assessed as if he still had the money and possibly the nephews could be asked to repay it.
As he's never gifted them money before it couldn't be described as a normal pattern of giving to them, which (within limits) is allowed along the lines of xmas or birthday gifts given over years that figure could be acceptable but a much bigger sum...sound like a possible deprivation of assets to me and as Is say the LA could take the view he still had the money and refuse funding.
Sorry, but your nephews have missed the boat and there's really nothing your brother can do about it now as dad no longer has capacity, the LA can go and look back as far as they like so any significant reductions in his capital would be looked into.
K

 

[MaNaAk]

Witnessing a will doesn't mean you are told the contents of the will, you are just witnessing the person signing the document, usually the contents are masked off with a piece of blank paper so none of the witness can actually read the will, just the signature.
There can be complications where the witness is a family member or a beneficiary but I'm sure the lawyer sorted any possible problems out.
Bottom line is you're better off not being a witness to a will that also makes you a beneficiary to avoid any possible problems.
If you're expecting the LA to start funding in the near future then anything gifted to his nephews now could be seen as a deliberate deprivation of assets and he would be assessed as if he still had the money and possibly the nephews could be asked to repay it.
As he's never gifted them money before it couldn't be described as a normal pattern of giving to them, which (within limits) is allowed along the lines of xmas or birthday gifts given over years that figure could be acceptable but a much bigger sum...sound like a possible deprivation of assets to me and as Is say the LA could take the view he still had the money and refuse funding.
Sorry, but your nephews have missed the boat and there's really nothing your brother can do about it now as dad no longer has capacity, the LA can go and look back as far as they like so any significant reductions in his capital would be looked into.
K

Dear Kevin,

I've just paid off the phone to my brother where he phoned to check that I was alright after a previous phone call but it ended with him saying that I could kept dad at home until I'm 60 and earnt £700
a week as a carer! He seemed to suggest that because dad wasn't incontinent he wasn't all that bad! Maybe I should have told him that when dad's back was bad the bed clothes were wet! I know he doesn't want me to be homeless but nothing I said seemed to help. I will go to my local CAB tomorrow and get a few facts. He also said I could take dad out of the care home and go from there!

MaNaAk

 

[MaNaAk]

Dear Kevin, Grannie G and Nikram,

I went to the Citizen's advice bureau today and I feel a bit better. First of all the lady said that I would need a solicitor to deal with the house and then she suggested that I contact the Alzheimers Society about CHC for dad. She was concerned about him becoming aggressive.

She then went back to talk about me losing the house and said that I. could have a good case because I have lived here for thirty-six years and I have cared for virtually single handed. I have also paid rent to dad and I teach my Piano and Violin pupils from this house.

Anyway I phoned our wonderful society are sending me a leaflet on CHC and they also gave me a number to ring to a good solicitor in my area. I rang this number and I was given two solicitors which I am going to Google before I contact them.

Happy New Year

MaNaAk