Gifting house to Son when mum dies. what about her care!

tyllwyd

It's a bit odd - if your brother was over 60 when your mum went into care, then the house would be disregarded when they do the financial assessment for your mum's care and he could stay there. If your brother is under 60 it should be possible to arrange a deferred payment agreement which is basically a loan secured on the house. I'm not sure what happens to the deferred payment agreement on the day when your brother turns 60 - does it need to be paid immediately, or does it just stay as it is, as a loan secured on the property, waiting until the house is sold, when it will be repaid? I think you would need to find out the exact terms that would be applied in the local authority where they will be moving to.


And of course, if your mum is not in need of care in the short term, it will depend on what the arrangements are at the point in the future when she does need care. A change of government policy could change the rules anyway.

snoop2008

p00hsticks wrote: »

No he won't (under the current rules). I think you are misunderstanding the paragraph highlighted in bold that you have quoted from the Money Advice service. If any of those conditions are true (spouse, relative over 60 or diasabled etc living in the house) then there is no need for a deferred payment agreement because the house will be completely ingnored for the purposes of care home costs.

You said yesterday that you were going to "walk away from this for your own sanity", and in my opinion that's what you should do. They're both adults who seem happy with their situation, and from the sound of it you are not going to change anything so just accept that and leave them to it.

Yes this is what I need to do, although I would never accept an abusive toxic mother and son relationship , which my mother accepts for the fear of being alone. Not exactly a mum who is happy with the situation, especially when she rings me complaining and afraid of is behaviour. The care system is complex and I am sure many would find it a minefield to understand. I get some things, but new information is never easy to digest.



Thank you all for your honest replies.
Cheers!!

getmore4less

The big problem with the current plan(brother life interest) is the potential massive IHT bill.


If my daughter came to me suggesting I move to a one bed.....

snoop2008

getmore4less wrote: »

The big problem with the current plan(brother life interest) is the potential massive IHT bill.


If my daughter came to me suggesting I move to a one bed.....

Of course I accept it would upset any parent. But I also think it depends on the motive and reasons for making those suggestions.


My mum has thought about many solutions, regarding my brother. buying him a flat outright, giving him a deposit, converting the house to a two bedroom flat, so he lives upstairs and she lived downstairs. She has been battling with these decisions for over two years and can not make a decision. She's looked at properties for over 55s, retirement etc.. and worries about my brother. As a mother she is bound to worry about him.


Her thinking only becomes distorted when he is verbally abusive to her and it is only me she has to speak to about it. When she is highly emotional and distraught, she will take things personal and feel offended, but she knows me well, my heart is always in the right place, and if I can protect her, I will.
Of course I can also feel the same , but I am not only talking about her care here, I am talking about an abusive brother.


In this situation I would never fail to support her, even when it appears that I am interfering! it is not a criminal offence to suggest a one bedroom flat, but it is a criminal offence to abuse an adult. and I am repeating all the suggestions that she is exploring back to her.


I've just had a lovely chat to her and he has calmed down for until the next time.


I have not lost focus of why I posted here, exploring care options, regarding the property is what I need to understand. I am getting there, slowly but surely.