Care home fees and allowing adult children to live at home rent free

diystarter7

One of our children has and not been themselves for close to 20 months. They work from home but had to go part time.
We were talking about getting some type of legal agreement where she could live at the address, our home for a long as wanted to. 
(Would that be a sitting tenant agreement, peppercorn rent agreement etc and what are the limits on this)
This would in our judgement reduce stress/etc for our child and us.

Therefore, my question is if we had to go to a care home and were in there for a few years, could the council force them out?

FYI the current market value is about 200K. We have approximately 10K in various savings etc

sourcrates

I am currently in a similar situation, the answer is no, the council cannot force them out, not until after you both pass on.

You don`t really need any legal agreement in place, the fact she lives there is enough.

I am assuming you would be paying your care home fee`s from the equity in your property, normally if no one else lived there, the house would be sold within a few months to access the cash, but, as other people live there, they would enter what is called a "deferment scheme" with the council.

This works by deferring some of the cost of your care fee`s until after death, you are financially assessed by the council, any income and/or savings you have from pensions etc, will be paid to the care home provider on a monthly basis or whatever the payment frequency is, as part payment of your costs, you get a small allowance for yourselves, the rest would be accessed later on when the house is eventually sold.

So once you both pass on, then the council can sell your home, only then would any other occupants be forced to leave.

There is also the question of who deals with your affairs if you are unable too, that might be a conversation for another time.

theoretica

How old is your child? If a relative over 60 is living in your home then the value of the home is not taking into account when calculating assets for care. 

diystarter7

Cheers to both of you. Perhaps I did not make it clear. If we were to go to care homes and then went to the other side and had this legal agreement. Would the council be able to boot out our children if they still wanted to live there? Thanks again and apols for not being clear initially. 

elsien

If you mean after you die, then your estate would need to pay any deferred payment due to the local authority.
This would mean the house being sold unless there were sufficient other assets to cover it.

Your house would also not be included as part of the assessment if a disabled adult is living there, so that would depend on your child’s health and whether they are considered to have a disability or not. This can include mental health. 

diystarter7

Thanks....