My elderly broyher is being told to sell his house to pay for his care but he is suffering dementia?

do we have to sell his house cos my sister is still living there

You will have a lot more rights in fact if you do not own the house outright - if you have a mortgage.

The capital that is yours as against the actual value of the house - and what is owed to the mortgage company is very important.

The fact that your sister is still living in the house - in law - is really niether here nor there. There is no sentiment in law!

It really is all about how much money is tied up in the house and how much capital will be released if a sale is forced.

Your first port of call is the CAB - number in yellow pages - they will not give you outright answers but they will put you in touch with relevant agencies who will be able to help you.

One message though - NEVER take the first advice or instructions that you are given - double check that you are being given the BEST advice.

Social Services - despite thier press - actually are very good at this sort of thing and they DO NOT INTERFERE anymore than they are asked to in a case like this. Sounds like you could do with some help on the care front anyway to assist in the looking after of your poor brother.

Best wishes friend - I hope it all goes well for you.
Don't be pushed into anything!

It depends how old she is, and if shes still in education.

I should have a word with the Citizens advice bureau....I wouldn't have thought so..if someone is living there.

if he didn't use it as collateral have him to make a living will and put his assets into your names.

No... just rent it out. That will pay formost of the bills. The Govt welfare will take care of the rest.

Yes ,unfortunately.Your brother or his guardian, should have sold the house first and gone on a world cruise with the money.Or sold it to you for not a lot of money.

You definitely need legal advice on this.
First of all, you need to find out if your sister's name has been added to the deeds, then she would have a bigger claim on the property - but get a solicitor's advice.
You may need to apply for power of attorney anyway, so that you can look after his affairs if he is no longer capable, so maybe you could do the two things at the same time.

If he owns the house and he needs funds to pay for care then yes he will have to sell his house.

No He does not have to sell it but a charge would be made on the property to be paid back to the care facility.

Someone in the family needs to get power of attorney of his estate as soon as they can and make sure all his financial matters are looked after.

You could take him out of care and make the local authority provide home assistance for him or your sister could become his carer and get an allowance which will redress this terrible situation (Or move him up to Scotland where the care homes are free)

If he moves home get him to put your sister on the deeds and then become tenants in common so that if the worst happens they can only seize half the assets of the home.

Good luck

You cannot legally sell his house, unless you have being given 'A Power of Attorney' (don't know what you call it in the States). But it is a Legal Document signed by him, to allow you or other family members, to sign anything on his behalf.

Sometimes these documents have stipulations only giving the person Legal Rights to sign on his behalf, on certain matters, and not others.

You can get a Psychiatrist to assess him. Or a Court Psychiatrist for assessment, and go the legal way, where he is made a 'Ward of the 'Court, and the Court gives you the Legal Right to act, sign on his behalf.

That's a drastic measure.

It depends on actually how bad the dementia is. If he can understand you and refuses to sell the house, because the dementia is not too far advanced, you can't do anything.

If, and when you sell the house, try to get a small place for your sister from some of the proceeds, but obviously leaving enough to take care of him.

go to the CAB but I think if the house is in his name it has to be done (I think it is disgusting to make that so but it seems it is the law so!)I also think that if your sister has been in the house for over 6months she may insist the council find her one bedroom accommodation. The CAB would possibly advise on this also - or perhaps a solicitor?
Please accept my good wishes to all of you at this stressful time.
Dot x

if you are in the UK no, but many other country's yes, the law says, that if your live with a relative and they or mentally ill, and have to go into care then you must get power of eternity, now it`s not as easy as you think , remember what ever solicitor you chose, He/her Major concern will be your brothers interest in the property, many families have tried haveing they siblings homes signed over to them ,not to be seen again , there is a law put in place to stop this practice, so the solicitors is and with allways act for the better of your brother, good luck.
Regards
Ryan Dior

Someone should take the house and give his sister a life estate(lifetime stay). If legal procedings havent already started. I would get some legal advice.

Sounds like you or another close relitive should look in to taking power of attorney so that you can protect his interests.

go to CAB and get legal advice

Do seek professional legal advice, because I read somewhere that councils have been doing this illegally, so it is vital to get proper help which will make such a difference to your brother's life.

Is your sister's name on the deed? Or does she just live there?
If her name is on the deed, the state can only take half the house. You have to do what's called "spending down" basically spending every penny of your money until you get to a low enough amount left to be eligible for state care.
I don't think they would throw her out on the street, but they might put a lien on the house for your brother's half. If her name isn't on it, well, that's another story. Find an "elder care" lawyer--this is what they specialize in.

It's complicated...Get some advise.

tough one prayers with you! please go to your local family indepance for help! hope you can get good guidance!

Ok, I work for an Attorney. 1st it depends on the State you live in, how old he is and what type of service is he trying to get. In most MEDICAID applications, the home, car and other things can be exempt. I am not sure who told you this information but I think they may be dead wrong! I know that an attorney seems to be expensive but when you consider the cost of having to pay the expense of the care out of pocket, and the possiblility of getting wrong advise an having it cost you thousands more out of pocket expenses. You would do much better to go and pay an attorney to do this for you. Just because someone has done this for an aunt 5 years ago does not mean that the same laws and situation apply to you and your elderly brother. Good luck.

This is the sort of human interest story the local papers would love to hear about!
Also, a chat to your most ornery, left wing, local Councillor and your M.P. (especially if the latter is Tory at the moment) can be very effective in sorting out Local Government problems. There is nothing like a letter from the Houses of parliament to get people jumping.
Wasn't there something in the legislation (sorry, my mind is going!) about elderly dependants not being made homeless?
Enduring Power of Attorney would not come amiss.

It depends on the state you are in.Call a social worker that works with the elderly.If you can't the # call legal aid.