Protecting a son's right to reside

Thanks Ana - I think she'll have to hang on a while as the son isn't incapacitated (poor health but still working) and 53. There's no prospect of her needing care from what I see but she's obviously worried about the future as she mentioned it to me. I know there was some talk about putting him on the deeds years ago but she's a stubborn soul and didn't want to give up total control of her assets.

Hi granjura

What I don't think people want to realise is this lady is widowed and was retired early then her father died leaving his half of the house to her.
At the time the mother was not capable of looking after her self and the daughter sold the marital home and went to care / live with her mother so her childhood home became her main home.
In addition she had spent a large amount of money on the house from the proceeds of the sale of her own home.
This lady has been caring for her mother for 6 years.
If my father had gone in to care I could have been in the same situation.
I checked before joining my father I could not be thrown out if he had to go into care.
In my case I have spent at least £70,000 on the house and had paid for Dad's private medical insurance as well as paying for all the car running so I have not inherited all of the house. I also cared for my father to some extent.
Obviously if Dad had gone in to care and the house had been sold and the proceeds divided I would have lost a substantial amount.
The other fact is her mother's needs were medical and not social so she is entitled to full NHS funding regardless of means.

Frank
Think this might help

The house would only be discounted as an asset to be used towards care home fees if it is occupied by a spouse or civil partner, a relative who is over 60, or a relative who is incapacitated.

Thanks folks. It's an owned property and I did suggest making him joint owner but as she's now 80 she thought it might be complicated by that 'gifts within seven years of death' clause (does that still apply). Still, the death thing isn't really the issue but protecting his home if she has to move out is...

God, it's a bit of a nightmare really. He might be better off from 2016!

www.thisismoney.co.uk/money/experts/article-2411312/Will-I-sell-home-pay-mothers-care.html

Yes, so I think over 50s are ok. But cannot remember where I read that.

Wasn't that hunterF's expertise. Weren't they tenants in common or co-owners or something?

I really should read posts properly! Muti-tasker I am not! !

I think the gifting of half the house could be classed as deliberately trying to cheat the system, though. It would depend on how long the neighbour stays able to live at home, so a bit of a gamble.

I think I read somewhere that if he is over 50 he should be ok, but will still be put under pressure, so will have to stand up for himself. As I do know someone who had cared for his mother for years and lived with her, and whose mother had stipulated in her will that he should be allowed to continue in the house until he chose to move out, but still his bothers and sisters managed to have the will overturned, I do feel very sorry for anyone in this position. If it is a council house - shall google it!

Here you are

www.waverley.gov.uk/info/652/information_and_advice/1478/what_happens_when_a_tenant_dies-tenancy_succession

I know everything has changed a lot recently because my daughter's MiL has been worried about her bipolar daughter.

I know that a spouse can get something put on the Land Registry which prevents the sale of the house without their agreement. Perhaps this is one way?

If it is rented could they apply for a joint tenancy? If owned give them half the house.