Elderly parent / selling her house

Trevor84

My mother-in-law in currently in a care home. We have got Power of Attorney and we need to sell her house to pay for her care as her savings won't last long. We would like her to come & live with us but we haven't got the room at present.
My mother-in-law has always wanted to come & live with us. How could we legally use some of the money from the sale of her house to move into a bigger home so we can look after her and not have to pay care home fees?

Nobbie1967

Does your MIL still have capacity to make decisions?

G_M

As POA you need to be very careful not to confuse her assets with yours.

For various reasons

1) duty of care. You must
a) protect her assets (ie not take them over!) as well as
b) use them in her best interests (which I agree may be for her to live with you)

2) Inheritance
Things could get even more complex if you are not her sole Beneficiaries of her will. On her death, any other Beneficiary could claim
a) they want their share (you might have to sell the property)
b) you've failed to do 1a) abve thus reducing her Estate and depriving the other Beneficiary/ies

3) Deprivation of Assets
If she later had to go back into a care home, the money she'd put into this new property would either be
a) hers (eg a joiintly owned property) in which case she's not qualify for LA funding or
b) yours ((eg the property was rigistered entirley in your name, based on a 'gift' by her) in which case D of As would apply

You need specialist advice. My guess is you could jointly purchase a property, as Tenants in Common, with a professional Deed drawn up defining who owned what %, but you'd need to consider the future possible care home issues.

lisyloo

We would like her to come & live with us

I don't know your MIL needs but they will probably increase. People who I know have done this have said it was much more work than they envisaged.

I don't see why you couldn't get a mortgage with your MIL on the deeds.
For example if she contributes 30% then she can be named on the deeds as owning 30%.
This way she still retains her assets in her own name so passes no money/assets onto you.

However what happens if (or inevitably) when she deterioates outside of you capacity e.g. needs nursing care?
You'd need to return her share at that time, so that's a big catch.

Is she currently in a residential or nursing home?
If she's been assesed as needing nursing care then how will your replicate this in your home? Is one of you a qualified nurse?

I don't know your MIL but I think this is a mssive undertaking (my MIL is in a nursing home and needs 24/7 care).

need_an_answer

So MIL is currently in a nursing home,presumably because that was deemed the best place for her care needs.

Without wishing to sound judgemental,what makes you think that you can give her the care she needs at home even if it were in a bigger house simply because she would like to come and live with you.

I guess you need to think about her medical needs and decide if you are the best placed to care for her 24hours a day.
What will happen when you want a holiday for example

Sorry I haven't actually answered the question posed but I cant help but wonder that her needs are greater than you would be able to provide support for

I have not written this post without a little insight, we tried to keep a parent in their own home as long as possible and had plenty of help to do so, but it became evident that at some point we would need more specialised help and actually them residing in a care home was the best decision all round and led to a very happy time before the end of life.
I am confident that actually their health improved on entering the care home and after the initial transition it was by far the best thing we all did.

saajan_12

Main issue is any money MIL contributes to the new house should still be hers..

(a) to cover costs of care if her needs exceed what you can provide in house -> would you need to sell your home to release funds?

(b) to form part of her estate -> can you purchase as tenants in common so her share is clearly defined and no implication of you misappropriating her money and abusing POA

Davesnave

need_an_answer wrote: »

So MIL is currently in a nursing home.

OP said a 'care home.' There is quite a difference between that and a nursing home, but we know that one often leads to the other.

Margot123

Davesnave wrote: »

OP said a 'care home.' There is quite a difference between that and a nursing home, but we know that one often leads to the other.

By the same token, MIL could be in a care/residential home receiving nursing care.

need_an_answer

Davesnave wrote: »

OP said a 'care home.' There is quite a difference between that and a nursing home, but we know that one often leads to the other.

you are correct, there is a difference which I am well aware of,however the fact that the lady requires some assistance and is not independently living would suggest she has perhaps more complex needs than the OP is initially considering.

Even a complex of sheltered housing provides possibly more stability than living with relatives and all that that situation would entail.

I doubt that she got to where she is at the moment without some form of social services guidance who would I assume have taken many factors into account before making the decision to place her.

Perhaps the question is the OP would be prior to her entering the nursing home why did you not put into place the plans you are now suggesting?
It almost seems as if you now want to backtrack to potentially a level of care that should have been considered first.

Trevor84

Nobbie1967 wrote: »

Does your MIL still have capacity to make decisions?

She had a serious stroke, but still has mental capacity

Trevor84

Thank you for your comments, I knew this one was not a simple answer! I'll try to answer your questions.
My MIL is currently in a nursing home. If she was to live with us, then my wife would look after her with the help of home care.
Her property is worth approx £750,000. If we decided to move with my MIL living with us, then we would approx need £150,000 towards the move. This would leave approx £600,000 if she needed to back to a care home.
Before the stroke she was very independent, but always hinted in the future of living with us.