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Legal matters

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Flip

Original poster

Living in grandparents house

9 replies

Boiledeggsforlunch · 02/10/2023 20:58

My grandfather went into a care home earlier this year. His house is vacant. it is likely he will pass away in the next 3-6 months.

we are about to move into a house which requires extensive renovations. We are wondering from a legal standpoint if we would be able to stay in my grandfathers house to save us renting. It would probably be for 12-16 weeks.

what would happen if he were to pass away whilst we were there?
is there anything legally that would be problematic with this?
he is not of sound mind so we cannot really get consent - even though we know he would be happy to help us. My dad has power of attorney.

OP posts:

Bromptotoo · 02/10/2023 21:09

Whoever has the POA can, as it were, step into your Granddad's shoes and allow you to occupy either as his guests or under a more formal arrangement.

MAke sure it's all clearly set out including that the insurers know exactly what is happening. Also the Council if care is being funded from the public purse.

That's just my take; proper legal advice should be sought by the Attorney and soley from Granddad's PoV.

Soontobe60 · 02/10/2023 21:15

How is he funding his care?

Original poster

Boiledeggsforlunch · 02/10/2023 21:18

I believe care is being funded by the local authority

OP posts:

Forgotmylogindetails · 02/10/2023 21:20

If he owns his house I doubt the LOcal authority will be funding it but that’s neither here nor there for the purpose of this post.

as long as whoever has POA agrees you will be fine staying there for a few months :)

Soontobe60 · 02/10/2023 21:53

Boiledeggsforlunch · 02/10/2023 21:18

I believe care is being funded by the local authority

In that case the house will have to be sold - if it cant be sold, whoever has POA is legally obliged to make sure the person in care is maximising his income in order to pay care fees. So it would be expected that if someone were to move into the property they would pay the going rate in rent and that money would be counted as income towards care fees. So in a nutshell, you could move in, but you’d have to pay rent.
There will be a financial assessment by the local authority. It takes into account property, pension both state and private, income from things like shares / savings plus rental income. There’s really no way round this.

Soontobe60 · 02/10/2023 21:55

Also, my stepfather moved into a care home in February 2022, and we were told he may last 3 months at best. He’s still there and looking healthier than ever (apart from the dementia!).

sadaboutmycat · 02/10/2023 22:03

Forgotmylogindetails · 02/10/2023 21:20

If he owns his house I doubt the LOcal authority will be funding it but that’s neither here nor there for the purpose of this post.

as long as whoever has POA agrees you will be fine staying there for a few months :)

If he's in fast track then they will- that would mean that they expect him to only be in the care home for around 13 weeks.

sadaboutmycat · 02/10/2023 22:04

OP a house is better occupied than empty. Get something drawn up legally so that all concerned know you're not going to claim squatters rights and do it is my advice.

Sisterpita · 03/10/2023 20:04

Make sure you take readings of gas, electric, water etc. before you move in and when you move out, Keep a record of all the bills you pay including council tax, insurance etc. what you want to be able to show is that you paid all the bills due to you during the period you stay in the house.

Flip