Selling the family home for elderly parent's care, dilemma.

Woodland_Walker

My brother moved into the house that our mother owns, a few years ago. He is unemployed and has paid no rent, and only made irregular contributions to bills. She now needs residential care and will be self-funding. She lacks mental capacity and I am her only LPA. As such I have responsibility to act in her best interests. Her house is large and will need constant repairs. My brother says that he cannot afford bills other than the council tax which has been transferred into his name as the sole occupier. He would not be able to afford rent on a property that size either. Keeping the house will be drain on our mother's finances due to maintenance costs and his on-going bills. She will also be losing out on interest on her capital. My brother has been unable to find alternative accommodation to rent. I cannot sell the property as this will make him homeless. Any advice would be appreciated, please.

Flugelhorn

how old is brother?

elsien

and does he have any sort of disability that prevents him from working? (this is relevant for financial assessment)

When you say he can’t find somewhere to rent and he can’t afford somewhere that size, why does he need somewhere that size? Why can’t he find somewhere smaller and more affordable - if he’s on benefits then he would get most if not all of his rent paid on a smaller place.

Presuming that the house is not excluded because of him being there, you have to put your mum’s best interests above his. And even if he does stay there, he has to start paying the relevant bills for utilities, et cetera.

However, you might need proper legal advice around this because there is an argument with regards to best interests that your mother chose to let him stay there without contributing and would choose to do so still if she had capacity now.

wanttomove

If your mum only requires residential care and not nursing care and your brother is unemployed how is he not able to provide the care for your mum so she can remain in her home? residential care has no nursing element, is usually just for people who need observation to keep them safe and support with meals/washing and dressing and maybe mobility, if your brother doesn't work what is the reason he can't support his mum to remain at home? is he disabled himself?

itsthelittlethings

https://forums.moneysavingexpert.com/discussion/comment/81882830#Comment_81882830

Not everyone is well suited to providing care. It might not be the best thing for OPs mum.

Keep_pedalling

Difficult situation for you but I think you are going to have to be tough with your sibling. Would it be possible to sell the house and use some of the proceeds to purchase a small flat that your brother could move to?

Woodland_Walker

https://forums.moneysavingexpert.com/discussion/comment/81882753#Comment_81882753

Hi, he has MH problems . Sorry, my comment about size was trying to make the point that he would not be able to claim housing benefit to meet the market rental rate for the property. I agree about the bills needing to be transferred over to him. Mum was under the impression that his benefit payments were very low and so didn't ask for board. When she was living in the house the bills were benefiting her. She will now have to pay the high cost of residential care - something that he is unable to provide. Legal advice is probably my best option.

Woodland_Walker

He is unable to care for Mum and it would not be in her best interests to remain in the family home.

Woodland_Walker

Early fifties.

elsien

Would his mental health issues count as a disability as if so while he is in the house it would be exempt from the financial assessment. Although that wouldn’t solve the bills and maintenance issues.

Keep_pedalling

How long will she be able fo fund care fron liquid assets and income?