Hi,
Background:
My 89 year old mother (diagnosed with Alszimers) for whom I have been providing live in care since Apr 2016, is sadly at the point now where her care needs are better served in a facility such as residential age care. On three occasions over the last 6 mths (of Mum returning home) she has been readmitted into hospital after short periods of being at home with me as her carer.
My Brother (Enduring Power of Attorney); Has told me that I am now to vacate the family home (in spite of my mothers (current verbal) wishes).
About two years ago (under duress) I was told by my brother that I should pay a fortnight payment “to assist with ongoing household expenses”. At the time I felt pressured and did not object and compiled with the ‘rent’. Also, I did not discuss this with my mother as I did wish to start a family dispute and involve her considering her frail state.
When my brother told me that I should vacate my mothers house (again without her knowledge) ASAP. I asked him if I would get any assistance in the move out. He has clearly stated that I will get no assistance and that I sould use my saving (about 2.5 - 3k) to set up in a new place and purchase anything that will be required (car, fridge, furniture etc).
I have three sisters and I am unsure of their position regarding this and also I do not wish to involve then unless necessary or required
Question/s
Reading posts through this site I see Protected person mentioned. I am on a disability pension (for Bi Polar). Is my brother able force/evict me from home when my mother moves from hospital to a care facility?
What are the time frames for a) Vacate premises and b) Staying at home
If I was to vacate, am I able to claim the money that was paid into my mothers account? Assuming my mother agreed to a ‘refund’.
My mother (up until this moment) has not been aware that I had been paying into her account
Note: Accounts and Bank transactions has been the shared responsibility of my brother (enduring attorney) and myself (principal carer).
This is a tough one. My best guess is your Brother is getting ready to sell the house to help your mother attain permanent residence in a Age Care Facility. He has Enduring power of Attorney which gives him this legal right if it’s been deemed your mother’s condition is at the point where she is unable to make normal day to day decisions. I suspect your money is lost as he would be your mother’s financial handler as well and he did ask you to start paying a fortnight payment, a form of rent. If you do move out you could possibly ask for the whitegoods and some furniture in the house to help with your new accomodation. He may not disagree and it could help in getting the house ready for market.You say you have a disability, that being Bi-Polar and possible other mental issues. Have you applied for the NDIS? If not, I highly suggest you do. You may also be put ahead of others when it comes to finding a new home.You could talk to Legal Aid and see if there is anything I haven’t thought of.
Hi Michael,
Thank you for your email. My understanding is that you will be considered a Protected Person if you are a close relative who is eligible to receive an Australian Government income support payment and have been living in your mother’s home for the past 5 years. You will also be considered a Protected Person if you are a carer who is eligible to receive an Australian Government income support payment and have been living in your mother’s home for the past 2 years. It is my belief that receiving this Government Income Support Payment is key. You must continue to be in receipt of a Centrelink or DVA income support payment to qualify as a Protected Person. If you are indeed a Protected Person then it is our belief that you can stay in the house indefinitely and it will continue to be an exempt asset for the means tested care fee while you reside there and retain your Protected Person status. However, if you fail to qualify as a Protected Person, the home will be assessed at the cap ($162,815.20) when assessing your mother’s means tested care fee and will continue to be assessed at this capped rate indefinitely. I would suggest that you call the advocacy group OPAN which stands for Older Persons Advocacy Network to discuss your issues on 1800 700 600 which will connect you with the organisation in your state. AgedCare 101 is not allowed to give financial advice but I would recommend you contact either Affinity Aged Care Financial Services or Sydney Aged Care Financial Advisors if you feel further advice is required. I hope this helpsRegardsAgedCare101 Team