Can I live in my uncles house

youareperfecttome

My 85 year old uncle is in a care home with dementia, I have lasting power of attorney for both financial and health, and am executor of his will. He has willed his house to me when he passed away. 
My question is can my husband and I live in his house? We have to move out of our rented accommodation, which is a nightmare as I am suffering with depression at the moment. 
Can I use money from my uncles bank account to update his house, as it is in a bad state? 

dinkylink

This must be a wind up...

saajan_12

youareperfecttome said:

My 85 year old uncle is in a care home with dementia, I have lasting power of attorney for both financial and health, and am executor of his will. He has willed his house to me when he passed away. - irrelevant now, as he's still alive. He may need the value in the house to fund care (or pay back the council if front the money) so there may be nothing to will you. 
My question is can my husband and I live in his house? We have to move out of our rented accommodation, which is a nightmare as I am suffering with depression at the moment. - would you be paying rent? As POA you have a duty to act in his best interest - so either let the property at a market rent or keep it available for him to use. 
Can I use money from my uncles bank account to update his house, as it is in a bad state? - No! Again as POA, how is it in his best interest to spend his money on a house he's not using? He could use those funds to live, not improve your inheritance. 

Quoting early. 
Comments in bold in line. 

babyblade41

I do hope this is not a serious post !!, if it is then poor old Uncle 

theartfullodger

There must be a process for challenging dodgy PoAs...   (Recently had experience of my sister having PoA for our brother, now deceased.  She handled it impeccably)

And you already think you're inheriting?  Some might wish that gets challenged.

Best wishes to all.

Grumpy_chap

youareperfecttome said:

My 85 year old uncle is in a care home with dementia, I have lasting power of attorney for both financial and health, and am executor of his will. He has willed his house to me when he passed away. 
My question is can my husband and I live in his house? We have to move out of our rented accommodation, which is a nightmare as I am suffering with depression at the moment. 
Can I use money from my uncles bank account to update his house, as it is in a bad state? 

Ignore the will as that is not relevant until such time as your Uncle passes which, hopefully, will not be for many years.

With PoA, you have to act in the best interests of your Uncle. 

If he (and I assume there is no living Auntie, children or other dependants) is never likely to return to the house, then the house may need to be sold to contribute towards care home fees. 

It is unlikely that using your Uncle's money to update the house will be of any benefit (interest) to your Uncle.  At most, carrying out basic maintenance to prevent the house falling into disrepair may be possible.

If you wish to move into your Uncle's house, then you would need to do so under a proper tenancy agreement and pay proper market rent.  You would need to try to establish some "arms-length" arrangement whereby you (the tenant) are separated from you (acting under PoA of the Landlord).

I strongly suggest that you seek some legal advice relating to the correct way to manage your Uncle's affairs.  There are often charities that can provide some initial advice on matters of this nature.


As an aside, why (and when) do you have to move out of your current rented home and what other options are you considering?  

TripleH

Whilst the solution the Op is proposing is not deemed the right thing, she has asked before moving in rather than 'I did xyz was I right to do that?'

Now this next bit may well be bad advice hence why I ask for your opinions , if the Op moved in and paid market rate rent for the property (to a separate account) that could be paid over to cover care costs I assume that is permissable? If some of that rent money was used to repair the house 'would that be permitted'?

I am giving the Op the benefit of the doubt that she has the right intentions but has cut steps out that someone without the right knowledge could miss.

TripleH

Grumpy_chap beat me to it.

This does make a good short term solution if done officially as it will also give the Op time to sort out the house for sale and for her to find a new home without the worry of a non-paying tenant.

AdrianC

youareperfecttome said:

My 85 year old uncle is in a care home with dementia, I have lasting power of attorney for both financial and health, and am executor of his will. He has willed his house to me when he passed away. 
My question is can my husband and I live in his house? We have to move out of our rented accommodation, which is a nightmare as I am suffering with depression at the moment. 
Can I use money from my uncles bank account to update his house, as it is in a bad state? 

I presume you are under 60?

How long will his other assets cover his care home fees?
How does a fair market rent for the property compare with his fees?

Because, once his other funds run out, the money to pay them will have to be found from somewhere - and the sale of the house is the obvious source.

It might be that spending money on the house pre-sale will provide a good return on investment - spending £10k, say, will result in a £20k higher sale price. Apart from that, there is likely to be zero justification on using his assets to improve the house instead of paying for his care.

NameUnavailable

If the Uncle is in a care home with dementia then he's not coming back out again.

Who is currently paying for the care home? Presumably money from his pension/savings?

When the savings run out the funds will have to come from his other assets i.e. the property, so that will need to be sold or possibly rented out assuming that will bring in enough income.

What you can't do is 'inherit' the house or any of his other assets/funds before he dies in the hope of him then being able to qualify for benefits.

Sorry if that sounds insensitive. A friend of mine had to deal with a similar situation recently and the family were struggling to cover the care home fees without having to resorting to selling the house.

youareperfecttome

Thanks for some of your help. I am not trying to rip my uncle off. My husband and myself do not have a lot of money, but would be quite happy to pay rent. If it is in disrepair, then surely it will sell for more money if we make it look a lot better surely. Some of the comments however upset me.