Friend's Query/dilemma

[jennyjoan]

Met a guy there in the supermarket and he was telling me his mother who I know very well is now in the early stages of Dementia.

He is a timid guy and he said to me that the house is in his mother's name and he is worried that if she goes into a home that the said home would make him sell the house for her care fees rendering him homeless and jobless. Lost his job last year.

Is that the case for him. Lovely big guy.

[bednobs]

yes. If it's her home, it is one of her assets that can be used to pay for care.

[jennyjoan]

I thought that Bednobs.

[sunny-dave]

If he's living there they can't make him move out or sell it until his mother's death.

They may try all sorts of emotional blackmail, but if he says 'no' then he can stay.

After her death they can (and in my opinion should) reclaim appropriate care costs from her estate - and he may then have to either sell the house or mortgage it to pay the costs.

[factor-fiction]

I thought they would just put a claim on it so that when she eventually dies they can get something back.

[factor-fiction]

Sorry sunny-dave: you weren't there when I started typing

[jennyjoan]

thanks for your answer Dave -

so in effect you are saying on her death (if in a home) he would then become homeless - he couldn't afford to remortgage as he lost his job.

[sunny-dave]

Yes - that could happen Conn.

His mother has assets, if she isn't eligible for fully funded care (from NHS or Social Services) then they can claim the costs back from her estate.

[slimseeker]

afraid so, they will use the sale of the house to pay for her care cost. even if she had signed the house over to him 7 years prior they would still come after him for the money through the property.

[jennyjoan]

That's awful - you know he has a brother-in-law who is actually a Solicitor - he was telling me this tonight - and he asked him to look at his situation but no, he hasn't.

I'll be seeing him again but I won't be telling him this. Such a lovely man.

[ubasses]

You do not say how old he is, if he is over 60 they cannot take the house into account in their assessment. If not, but is anywhere near could he manage with her at home for a while.

[jennyjoan]

Ubasses - I wouldn't have a clue as to his age - maybe 55 years old - again he could be over 60 which would be good news for him.

He is coping with her at the moment at home and mother has been giving drugs to slow it (dementia) down. He thinks they are working.

But she comes into his bedroom 4-5 am looking for tea and toast.

This was one of a hell of very well educated lady.

[EDDIE51]

No point in not telling him. He has to know so as to plan for the future.

[jennyjoan]

Ubasses - are you positive regarding the age business. I am hoping for his sake he is over 60 - weighing up when he and I were growing up although apart - he maybe could be a cuppla years younger than me. hope so.

[EDDIE51]

It is very worth while getting in touch with AgeUk the charity , they have specialist lawyers who can advise the best plan of action and the advice is free.

[jennyjoan]

Eddie that's true - wouldn't you think BIL would help him. No I know the sister and she is high-falutin.

This guy has been left with it all.

If Ubasses is sure - I can find out his age (I think) then I will tell him.

[jennyjoan]

Eddie - I went to AGEUK re motoring insurance here in NI.

What a moronic and apathetic lot. I walked out in disgust.

[EDDIE51]

I am not sure about the age thing but AgeUk will know, they have specialist lawyers who deal with this type of problem all the time.

[jennyjoan]

This guy is well educated but afraid to ask things - he doesn't like to "rock the boat" in anything.

Will tell him of the answers I have got here.

[Peter Pedant]

I wonder if the brother solicitor is not getting involved as he is aware there is little to be done to preserve her estate....

they are a good few years late .....

[bednobs]

i would very much doubt that someone who is essentially a "lodger" in her house would sway whether the house was sold or not