2006-09-14 23:19:47 · 10 answers · asked by Wren 1 in Politics & Government ➔ Law & Ethics
If the house is in your mothers name and it is rented, you will have to leave, and they will find you a place suitable for one person. This happened to my friend when his mom died, they gave him a bedsit.
If it is owned by your mother and you receive benefits for her or the house, you will lose those too.
If your mother has a lot of money in her bank, then it would be wise for her to give some away as a gift, as this money will be used for her up keep in the home, and they are not cheap.
Be careful and go and see a solicitor, most solicitors offer a half an hour free consultation.
All the best.
2006-09-14 23:31:05 · answer #1 · answered by bizzybee 3 · 1⤊ 0⤋
There might be a way around your situation.
You will have to check this out first.
Your relative could possibly use equity and trust law by creating an expressed trust in the property.
She signs the house over to a trustee (i.e a bank) and names you and members of your family as the beneficiaries. This means that the bank holds the legal title and holds the property in trust for you and your family. She therefore relinquishes the legal title to the property and it cannot be taken into consideration as an asset because she no longer has an interest in the property.
Either that or you become the trustee of the property and your mother becomes one of the beneficiaries. Although this way she an equitable interest in the house, other beneficiaries may also be named thus reducing her share of the equitable interest in the property below the required limit. If this is done prior to an agreement for residential care is signed I don't think they could use equitable estopple to oppose the trust.
Check it out with you solicitors, but make sure they specialise in equity and trusts law. It might save your home but be aware I am not certain that this will work. It is just a suggestion.
The alternative to this is that if you have looked after your mother and lived there for years with her and you can show that you contributed to the maintenance and running costs of the house, i.e bills and repairs then you might have an equitable interest in the property on the grounds of a constructive trust. Again check this out with a solicitor.
Good luck
2006-09-16 07:38:54 · answer #2 · answered by LYN W 5 · 0⤊ 0⤋
In both the USA and the UK a home titled in the name of a person who goes into care (and/or that person's spouse) is liable to be seized by the authorities for payment of the care.
There are specific, but very low, exemptions. And there is a lookback period that has been progressively lengthened.
People really need to plan far ahead for this. But there are tax reasons why doing that can also be costly: the exemption from capital gains tax on sale of a principal residence ($250,000 or $500,000 in the USA, unlimited in the UK) won't apply if the house is transferred. And estate tax might apply anyway if there is "retention of interest".
You really need to speak to an elder-law expert. You may be able to consult with one for free at a charity.
2006-09-15 06:39:31 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If its in her name and you live in the UK then the authorities will attempt to get her to sign it over so that the proceeds of sale can be used to pay for care. Your mother can prevent this by not signing anything but usually patients are in a frail and vulnerable position and there will not be much you can do.
As a precaution you should try and persuade your mother to relinquish exclusive power of attorney to you - this way the authorities will have to go though you and you can tell them to
get stuffed.
Definitely seek the advice of a professional.
2006-09-15 06:32:37 · answer #4 · answered by Bring back Democracy 3 · 1⤊ 0⤋
You could lose the home if it is in your mothers name. A suggestion would be to buy the house from your mom before she goes into care then they cant use that money for her care.
2006-09-15 06:29:08 · answer #5 · answered by Amberlyn4 3 · 1⤊ 0⤋
I work for this department basically if the homes in her name she will have to pay for her charges with the money she gets for selling her house once her savings drop below 20k she will be assesed and the council will help to fund her. the less she has the less she will have to pay it is as simple as that!
2006-09-15 09:25:26 · answer #6 · answered by mcardham 2 · 0⤊ 0⤋
If the home is in her name, then yes, you would likely lose it as payment for her care.
If it is in your name, you may be able to find a nursing home that will accept her monthly social security benefits as payment for her care.
It somewhat depends upon the caliber of nursing home you are willing to accept.... a *good* one will cost you the house AND her monthly income.
2006-09-15 06:33:34 · answer #7 · answered by Zombie 5 · 0⤊ 0⤋
unfortunately unless your mother has saving chances are that the house will have to be sold, to pay for the care, but there are schemes your local council will have running to help you sort out your mothers finance, assuming that you have power of eternie over your mother finances.
2006-09-15 06:38:23 · answer #8 · answered by fred_com_me 2 · 0⤊ 0⤋
If she goes into private care yes, however there are also NHS care homes that will not cost anything.
2006-09-15 06:42:08 · answer #9 · answered by Annie M 6 · 0⤊ 0⤋
Is it your home or her's? who's name is it in?
2006-09-15 06:24:29 · answer #10 · answered by Stand 4 somthing Please! 6 · 0⤊ 0⤋