Entitled to grandparents home

Spinonegirl1609

My husband died when our son was 11 months old , his granny died 3 months later , my father in law lived in the family home alone, when his other sons relationship broke down he moved back home,  my father inlaw was found living in complete squalor whilst his son lived in a room with all the heating on with separate food etc , awful awful situation , I stepped in and had my lovely father inlaw admitted to a care home, he has a lot of savings and investments, and owns his own home outright,  so pays his care home with his own money, his son , lives rent free in the house not even paying council tax , or heating etc , is this right?  So basically all my sons grandpas money is been dwindled away on his uncles lifestyle.    so basically asking is this allowed to continue indefinately? 

Voyager2002

Does your FIL have capacity? If so, it is up to him what happens to his money and he is free to do whatever he wishes with his home. If not, do you know if anyone has Power of Attorney?

FlorayG

Yes it entirely depends on your FIL mental state. If he is deemed competent then the decision on what happens with his house is up to him

hopetohelpagain

Hello spinonegirl1609, 
I am also newbie and just read your post.
Whilst the 2 posts already made are relevant they are not really the whole story. You have to review in full what happened when your father in law agreed to move to a care home. Your description seems to infer that either your F in Law accepted his step son's behaviour and agreed it could continue, was unaware of his very poor housing circumstances, or was frightened to challenge his step son. Whether he had good physical health, sensory loss ( visually difficulties or hearing loss) capacity to understand and accept how he was living will indicate whether he was freely accepting that he was housing his step son and choosing to live in the conditions he did. You may also know what he did in terms of  housekeeping etc prior to the stepson moving in. You do not say how long the step son has lived there. Neither do you say if father in law had made arrangements in terms of Power of Attorney prior to going to the Care  Home and you need to clarify that. The fact he agreed to move to a care home infers he knew his living circumstances were not satisfactory.    
Presumably you persuaded him he would be better living in caring environment and agreeing to pay for that caring environment. If he now has capacity to discuss with you what he wants to happen to the house you should try to do that.  This may involve you helping him tell his step son what he wants. If he no longer has capacity he is a vulnerable adult and in Scotland the social work dept are responsible for providing services to counteract the abuse of vulnerable adults. 

It is some months since you posted so it may be you have already had advice  about this . If so I hope the advice was helpful. Your situation is perfect example of why it is always useful to have the involvement of an independent professional when making life changing decisions. 

Hope this is helpful, 

LightFlare

hopetohelpagain said:

Hello spinonegirl1609, 
I am also newbie and just read your post.
Whilst the 2 posts already made are relevant they are not really the whole story. You have to review in full what happened when your father in law agreed to move to a care home. Your description seems to infer that either your F in Law accepted his step son's behaviour and agreed it could continue, was unaware of his very poor housing circumstances, or was frightened to challenge his step son. Whether he had good physical health, sensory loss ( visually difficulties or hearing loss) capacity to understand and accept how he was living will indicate whether he was freely accepting that he was housing his step son and choosing to live in the conditions he did. You may also know what he did in terms of  housekeeping etc prior to the stepson moving in. You do not say how long the step son has lived there. Neither do you say if father in law had made arrangements in terms of Power of Attorney prior to going to the Care  Home and you need to clarify that. The fact he agreed to move to a care home infers he knew his living circumstances were not satisfactory.    
Presumably you persuaded him he would be better living in caring environment and agreeing to pay for that caring environment. If he now has capacity to discuss with you what he wants to happen to the house you should try to do that.  This may involve you helping him tell his step son what he wants. If he no longer has capacity he is a vulnerable adult and in Scotland the social work dept are responsible for providing services to counteract the abuse of vulnerable adults. 

It is some months since you posted so it may be you have already had advice  about this . If so I hope the advice was helpful. Your situation is perfect example of why it is always useful to have the involvement of an independent professional when making life changing decisions. 

Hope this is helpful, 

probably not - thread is 5 months old and OP hasnt logged on since 4th Nov