Worried about where I will live, can I be kicked out?

Discussion in 'Legal and financial issues' started by Jennyyyy, Jun 13, 2019.

  1. Jennyyyy

    Jennyyyy New member

    Jun 13, 2019
    1
    Hi

    I am 38 years old and have never moved out (unusual situation I know but it's the truth).
    My father went into a care home last year when my mother could no longer look after him.
    He has Lewy Body Dementia and Parkinsons.
    This is part funded by social services.

    My mother has been "unwell" pretty much ever since he went in. She has had psychotic episodes, depression, very poor memory, confusion and countless UTIs.
    She has been under the mental health team for about 7 months now and is getting worse not better.
    I wonder if the problems have always been there but only come to light once Dad was taken out of the situation.
    She has had some dementia testing but it came back inconclusive due to her high anxiety state.
    She has had a CT scan which was clear and more recently an MRI which we are waiting to hear the results for.

    My concern is, if she has to go into care somewhere down the line, whereas with Dad the house was disregarded, could I be made homeless?
    As I said previously, it is my home and always has been. My partner of 18 years has also lived with us for 17.5 years.
    For us to simply find somewhere else to live would not be straightforward.

    Hopefully you can understand my anxiety over this situation.

    Thanks :)
     
  2. Beate

    Beate Registered User

    May 21, 2014
    11,544
    Female
    London
    You're not going to fall under a mandatory disregard as you're neither a spouse, under 18, over 60 or incapacitated.

    However, you can apply for a discretionary disregard as this has been your main and only home and you might be under threat of homelessness otherwise. You will have to be proactive about it though - social services will only consider if an application is made, and the outcome can be uncertain.
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    18,593
    Male
    North Manchester
    #3 nitram, Jun 13, 2019
    Last edited: Jun 13, 2019
    If you go for a discretionary disregard your case would be strengthen if you could prove that you have contributed financially in the repair/maintenance of the property. The amount would have to be in excess of the fair rental value.

    If you can't obtain a discretionary disregard you could consider a DPA (deferred payment agreement)
    https://ukcareguide.co.uk/deferred-payment-schemes/
    You would have to pay a fair rent.
     
  4. MaNaAk

    MaNaAk Registered User

    Jun 19, 2016
    1,203
    Essex
    Dear Jenny,

    If your in an unusual situation at 38 what does that make me at 54? Until one and a half weeks ago when dad suddenly passed away I was in the same situation except I also had two invisibles.

    At the moment it sounds like you are caring for your dear mum as well as being a distant carer for your dear dad (still can't believe I am a full orphan) as Beate says you need to be proactive. It is when the finances reach £30000 that you need to think about applying for a property disregard. Meanwhile you need to show that you have invested in the house. Have you got Power Of Attorney? Have you got receipts for all the bills, paid for work done on the house and contributed towards maintenance? If so start organising the receipts to present to your authority or a solicitor.

    Keep posting

    MaNaAk
     
  5. MaNaAk

    MaNaAk Registered User

    Jun 19, 2016
    1,203
    Essex
    Also please listen to Nitram who has given brilliant advice in the past and also the lovely Beate.

    Still feeling a bit of grief as I write on hear this morning as morning is when it hits me most.

    MaNaAk
     
  6. AliceA

    AliceA Registered User

    May 27, 2016
    2,138
    I hope you both get this sorted out. Families are expected to step up yet there is no support when they do as you both know. Start writing and enquiringly now. Try Adult Services too, tell them you may have to stop being Carers as it will make you homeless. This a scandal.
     
  7. Bunpoots

    Bunpoots Registered User

    Apr 1, 2016
    2,682
    Nottinghamshire
    I have to agree with @AliceA ...this is a scandle. What sort of society would forcibly remove someone from their home because their parent is seriously ill?

    @Jennyyyy - I really hope you can get a property disregard.
     

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