'Dads' predicament...

wymondham

Hi All

My mother is in her late 70's and suffers from severe memory loss and does not always recognise us anymore... no diagnosis as yet but we think we know what's coming and she'll be visiting the doctor very shortly..

My mum has lived with a chap for 26 years in what has been a complete marriage in all but the legal part.. I think she quite liked the 'living in sin' aspect!

Now she's likely to need care and we are worried for her other half, as he is not on the deeds at all - the house is entirely in my mothers name as she purchased it before she met him.

Is it likely that her house will be forced to be sold to fund her care even though he still lives in the house?? I doubt he can afford to live anywhere else...

Any knowledgeable people out there I'd appreciate you thoughts..

thanks!!

missbiggles1

Why don't they just get married?

elsien

missbiggles1 wrote: »

Why don't they just get married?

Capacity to consent to marriage may be an issue if mum has dementia. Not necessarily the case, but something that would have to be considered.

wymondham

thanks for the suggestion.. Mum divorced from my real Dad many years ago and is against re-marriage unfortunately. I'm just trying to assist my mums partner to remain in his home but I can't seem to find the answer to my query to date hence posting here...

thanks

elsien

How old is he - according to this fact sheet,

http://www.housingcare.org/finance/care-home/funding-local-authority.aspx


Your “capital” includes your savings and any assets, and it can include the value of your former home unless it is “disregarded”. The value of your home will not be counted (will be disregarded) if:
your stay in the care home is temporary or
your former home is still occupied by your partner, or a relative who is over the age of 60 or who is incapacitated, or a child under 16 who is dependent on you or a separated partner who is a lone parent.

You might want to check with AgeUK the definition of partner, but if it meant married I'm presuming they'd have used the word spouse instead.

System

I think living with somebody for 26 years classes them as a partner even in the weirdest of interpretations.

wymondham

elsien wrote: »

How old is he - according to this fact sheet,

http://www.housingcare.org/finance/care-home/funding-local-authority.aspx


Your “capital” includes your savings and any assets, and it can include the value of your former home unless it is “disregarded”. The value of your home will not be counted (will be disregarded) if:
your stay in the care home is temporary or
your former home is still occupied by your partner, or a relative who is over the age of 60 or who is incapacitated, or a child under 16 who is dependent on you or a separated partner who is a lone parent.

You might want to check with AgeUK the definition of partner, but if it meant married I'm presuming they'd have used the word spouse instead.

thanks, he's 75, so if I read this correctly he can stay, but if he sells in the future then the council could recoup the care home fees? this is fine and only right - just anxious he's not evicted etc..

I hope it does not come to it, but we're just looking at options etc...

teddysmum

I agree the above post , suggesting that you contact Age UK; just to put your mind at rest.


I am married and live with my husband, but the house is in just my name. However, someone on here referred me to part of Age UK's site, which states that my husband would be ok, should I need care, as we are married, so the house is considered joint.


OP, does your mum have a will ? If not, I believe that her partner may not have the inheritance rights of a spouse, should she pass away.

lessonlearned

See a soljcitor and get everything signed all signed, sealed and delivered.

Wills, powers of attorney, advance directives etc

It is unwise to leave anything to chance or misinterpretation.

wymondham

teddysmum wrote: »

OP, does your mum have a will ? If not, I believe that her partner may not have the inheritance rights of a spouse, should she pass away.

I think my mum's will says the house passes to the three children, so no, this does not go to her other half, but we'd all leave things as they are as he's a fab chap!

missbiggles1

wymondham wrote: »

I think my mum's will says the house passes to the three children, so no, this does not go to her other half, but we'd all leave things as they are as he's a fab chap!

This is really dangerous for him. When money comes into things people can be very unpredictable and he could find himself homeless.