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Elderly relative, care homes and selling houses...a complicated enquiry!

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Comments

  • DX2
    DX2 Posts: 8,275 Forumite
    And you still think that there is nothing wrong mentally.
    *SIGH*
    :D
  • calleyw
    calleyw Posts: 9,896 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    I am slightly confused. Why if you grandfather wanted his children to have the house did not leave it to the children letting your grandmother live there until she died or went in to care.

    And I heard of a case where the was house signed over to someone to stop it be using for care fees ten years before they needed the care.

    And yes the council took it to court and got it over turned and got the money.

    Also if your mother is on such a low a wage is she not getting help with rent/council tax and if working over 30 hours a week and not earning over £17.5K getting working tax credits?

    Yours

    Calley
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • calleyw
    calleyw Posts: 9,896 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    Genuinely, all siblings have viewed the house as their only opportunity to set themselves up for retirement, which is what my grandad ultimately wanted.

    :eek: No one has a right to a inheritance. And as I said in my other message if your grandad wanted his children to get he house why did he leave it to his wife. She can dispose of it and the money as she see fits. And there is nothing anyone can do.

    Rightly or wrongly, my understanding (from others on here and from direct gov) is that as my nan's house is worth over £23k she will be liable in full for the cost of her care and that this will accrue against the value of the property from 9 weeks after going into housing. But there may be a way that the property can be transferred to someone else as trustee to be held as a discretionary trust towards her as beneficiary. If anyone has any advice, it would be welcomed.

    You will need specialist help with this which means you are going to have to pay for it.

    Yours

    Calley
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • calleyw wrote: »
    I am slightly confused. Why if you grandfather wanted his children to have the house did not leave it to the children letting your grandmother live there until she died or went in to care.

    And I heard of a case where the was house signed over to someone to stop it be using for care fees ten years before they needed the care.

    And yes the council took it to court and got it over turned and got the money.

    Also if your mother is on such a low a wage is she not getting help with rent/council tax and if working over 30 hours a week and not earning over £17.5K getting working tax credits?

    Yours

    Calley

    Hi Calley,

    My grandad died 13 years ago and I don't think he particularly had his house in order, will-wise, at the time. His intent was to leave my nan the house and then for it to be sold and go to the kids, but legally he didn't structure his will in that way. I can only assume that had he known better he might have done things differently and created a different structure in his will.

    In terms of my own parents, my dad has been told that he doesn't qualify for unemployment benefit (as my mum works) but as for tax credits, I'm unsure - I'm fairly confident that my parents might have applied for them.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Social Services have said that my nan is shortly going to be discharged from hospital, but that as soon as she phones for an ambulance again (making something up) they will immediately whisk her into care and there won't be any say in it. I have no idea on what grounds that will take place, but my parents are struggling to make any headway which is why they've asked me to investigate and help them understand the process better.

    I don't see how they can do this without sectioning her and, if that happens, I believe the state has to pay for her care.
  • Mojisola wrote: »
    I don't see how they can do this without sectioning her and, if that happens, I believe the state has to pay for her care.

    I'm trying to find out what grounds they have, but I believe this is something they have mentioned. The discussions that my nan's GP has had with my dad has followed those lines: that my nan is a risk to others (by wasting emergency services time) and so could be sectioned and placed into care.
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    I'm sorry but your family have absolutely no right to have looked on this house as their finance for retirement. Whether you like it or not, it belongs to your grandmother and she can leave it to a single member of the family, a member of her own family (which is actually what will happen if she hasn't made a will) or the cats' home.

    Even if there were a way of transferring the property to a trust, you don't seem to realise that it would be your grandmother who would have to do this - would she even be willing?
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    I'm trying to find out what grounds they have, but I believe this is something they have mentioned. The discussions that my nan's GP has had with my dad has followed those lines: that my nan is a risk to others (by wasting emergency services time) and so could be sectioned and placed into care.

    You can't have it both ways - if she can be sectioned then she's mentally ill and you said in your first post that the doctors have said that she's mentally sound.

    This is beginning to sound more and more like a Victorian melodrama where batty grandma is locked in an attic to save inconvenience.
  • You can't have it both ways - if she can be sectioned then she's mentally ill and you said in your first post that the doctors have said that she's mentally sound.

    This is beginning to sound more and more like a Victorian melodrama where batty grandma is locked in an attic to save inconvenience.

    Hi Oldernotwiser - I really don't want to sound like a broken record, but really this is not the case. I've stated the facts in my original post and subsequent posts.

    With the utmost respect, whenever people post on MSE looking for advice the conversation inevitably turns to accusations against the OP or people trying to suggest that there's 'more to this than meets the eye'. Why can't you just accept that my version of events is accurate and that a) we do have my nan's best interests at heart, but b) this is a terrible situation in which no-one is doing themselves any credit.

    We are not waging a vendetta against my nan: we DO NOT WANT her to go into a home! Can I make this any clearer? There is nothing wrong with her.

    Quite controversially, there is no law that says that everyone has to love their family, not even like them. Grandparents are not some supreme beings that require 100% devotion. You can express a negative opinion towards a member of your own family you know - even if it's a rather sad state of affairs!
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    We are not waging a vendetta against my nan: we DO NOT WANT her to go into a home! Can I make this any clearer? There is nothing wrong with her.

    I don't know how you can say there is nothing wrong with her when you have described her behaviour. That's not normal behaviour!
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