Selling parents house to pay for nursing home fees?

Please ignore the American answers. As this is in the UK and Ireland section of YA I assume that's where you are. My answer is for England, although I'm fairly sure the rules are pretty similar for the rest of the UK. If someone needs to go into a care home they will be required to pay for this themselves if they have assets over about £23,000. In general the value of the person's home is included in their assets, so clearly anyone who owns their own home will have to pay for their care home fees. But, they are not forced to sell the house. The local authority can pay for the care and put a charging order on the house. This means they get their money when the house is eventually sold. So even if your mother is the sole owner of the house it still cannot be sold from underneath you. However, your mother might not be the sole owner. Was your dad the sole owner or a joint owner when he died? Either way its possible he left the house, or his share, to someone else. He may have left it to your mum for life only, under a trust. In this case she can live in it but its not hers so it won't count when assessing her care home fees. Its also possible that even if it is in her name it won't be counted as an asset. This can happen when a close relative (ie you) who is aged under 16 or over 60 lives there - do you qualify? Also if you have been caring for her the house may not be counted. To get an exact answer you need to speak to your local council or a local solicitor. Edit: Something I forgot to mention before, is that even if your mum is the legal owner on paper, you might still have a beneficial interest that cannot be taken away. This could have arisen if you had contributed to the cost of buying the house, paying the mortgage, or making improvements. This is a difficult area of law - contributing to day to day costs such as utilities or maintenance does not count.

Federal law put an end to this practice back in the 1980s. People like my grandmother were forced out of their homes due to nursing home fees for a spouse. However, that law was to protect spouses, not children and does not extend to children unless there is a minor or disabled child living in the home. Your best bet would be to consult with a lawyer, if only to negotiate fees. The home is obviously in her name and not yours, thus you don't have a lot of negotiating power. It is not your right to inherit property that can be sold to pay for your parent's care. They paid for that home, not you. It is her asset. Don't ignore negotiated fees. There is no reason why she should have to pay a higher fee than a negotiated rate paid by Blue cross/Blue Shield subscribers. Given that medicare does cover a portion of the care, the monthly cost shouldn't be that high unless she is expected to live many years.

Is the home still in your mother's name? If so, that is a real possibility. Consult a lawyer in your state who is experienced with Elder Affairs. You may find out that it's too late now to do anything about this situation. The home should have been put into a trust years ago, before your mother needed nursing home care. Sorry.

if its your mums house and your not named anywhere on the deeds to it then yes they can make her house be sold to pay for nursing home for her

I would guess they will put a charge against the house, so that it will have first call on YOUR estate after your death.

Just a guess Graham, I would say not, as it's your home.

I agree with Granny Anne, a charge will be put on the house. When it is sold, the fees (plus interest) will be deducted from its value.

Yes they can since MOM is the legal owner of the house.