living with elderly parent. housing rights?

sarerb18

Hi. never done this before so if it's the wrong place sorry.

Scenario: Living at home with parent (who owns the house) and have been since 1985.. Pays equal share of running costs. Paid for improvements to home like double glazing etc. Parent now has dementia is close to needing specialist care. (in my opinion should already have)

Question is what happens to the person living with parent. I ask because I have a very dear friend in this situation who is scared that he will lose his 'home' to pay for her care. Does he have any rights to stay in the home that he has lived in and maintained for so long?

any advice or experience gratefully received. Thanks. Sarer

EdInvestor

If the person needing the care has a child aged over 60 living in the home, the council will not take the house: IIRC there are some other categories, eg younger adult child who has been the parent's main carer, disabled dependant adult child.

Errata

A local authority will however put a charge on the house and expect it to be sold when a sole owner dies and them reimbursed for the cost of the care they have funded. There are exceptions as Ed states, a child over 60, a spouse over 60 etc. If the OPs friend doesn't fit any of the exemptions the house will indeed be 'sold over his head' however the LA may assist him to find new accommodation.

sarerb18

Thanks for the replies. Do you know if they will take into account the money he has paid for the upkeep of the house which would not have the value it has now if he had not done the improvements? It seems very unfair if they don't.
Sarer.:(

seven-day-weekend

I don't know if this will help or if it will be classed as the homeowner depriving themselves of assets, but is the house owner capable of having the other person put on the deeds as joint owner on a tenants-in-common basis?

However, I stress that I am not at all sure about this and it would be a good idea to seek legal advice.

Ted_Hutchinson

Treatment of the former home as capital for people in care homes Factsheet FS38
It includes information on:
• Property and the local authority means test
• When is your former home ignored?
• Valuation rules, including jointly owned property
• What if your partner wishes to move house?
This factsheet will be useful for anyone interested in the treatment of property in the means test, whether on their own behalf or for a relative or friend.

Hlep the Aged both these organisations have telephone support lines that will answer questions so it would be worth passing the numbers on if the factsheets don't provide sufficient clarification.