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Can Attorneys rent out a Donors house?

3 replies

ifonly4 · 29/08/2017 10:51

MIL has been in hospital for some time and we're getting close to the stage where her EPA will need to be registered. She's still having treatment in hospital and they are happy for her to be there, but we're anticipating we'll need to look at residential/nursing care when she's physically better in 2/3 months.

My husband is one of the named Attorneys and his other three siblings want to rent MIL's house out to increase funds coming in, partly to increase income for MIL but I guess in the long term to increase any inheritance.

DH is more than happy to act as Attorney, generally help MIL in buying clothes/other items and visiting her long term, but he doesn't want the responsibility of another house, ie in an emergency he can't take time off work just like that (I do that side of things for our house and haven't got a car to gets to MILs), regular electric/gas checks will have to come out of his time as he works very long hours. However, he's trying to be open minded.

I know they can get advice when the solicitor registers the EPA, but I was just wondering if this can be done and if there would be any tax implications. Also, there's the argument that it's not in MIL's interests (but in her childrens who'll be beneficiaries) as if she runs out of money, her costs can be covered by the government anyway.

OP posts:
PeralMePots · 29/08/2017 12:47

Yes it can be done. My DiL's gran has been in a nursing home for 4 years. The rent and her private pension is paid direct to the home to cover fees, and the 3 sons make a small payment each to cover the short fall. I believe she allowed to keep about £14000 back in Savings which they use for repairs and cleaning between tenants.

whataboutbob · 30/08/2017 13:49

If he has POA then he has the right to rent her property out, provided of course the proceeds go to MILs living expenses. But as you mentioned being a landlord can be a lot of work especially initially. You could post on the Elderly Parents board there are people there with that kind of experience.

QuiteUnfitBit · 30/08/2017 14:45

I did this with my DM's house, which was a couple of hours away from our house. The income was peanuts compared with the cost of her nursing care. However, leaving a house empty has its own set of problems, including getting suitable insurance and the worry of vandalism, water damage etc.

We had a lot of hassle with the incompetent/dishonest letting agent. However, they did find lovely tenants, and we now deal with them directly. For eg gas checks, and the odd other thing, I have arranged the work, and our tenant has liaised directly to get a time suitable for her.

I can imagine with a difficult tenant, things would be very different, though.

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