I have just placed my mum in respite care with a view to permanent residency at the end of that period. My husband and i purchased a property with my mum some 30 odd years ago and initially mum was not going to be on the title (a caveat would be lodged to protect her interest) so that we could use the property as a tax write off and which would be our super when we retired. Family members were not happy with this arrangment and so mums name was put on the title and she was to pay us rent at half the weekly rate to assist us with being able to juggle the mortgage we had for the house at the time. Of course no rent was ever paid by her and she agreed that upon her death the amount she owed for the rent would be taken from her half share. As it has been over 30 years there is literally no equity in mums half share now and she has in her will left her half share to me with me paying my siblings some monies to keep them happy as none have contributed to her living arrangements or assisted her financially as i have. I have spoken to centrelink and they have advised that i could apply on mums behalf for financial hardship assistance in that she has no equity left in the home other than the fact that her name still shows on the title as to 50% share. The problem i have is that if shes not successful in having the house considered not an asset i have to sell the home to pay the RAD and once mum passes and the deposit is returned this money will have to be split between my siblings and i to comply with the will as these funds would be an asset. This was never to be the situation and would mean i would have no super to rely on when i retire which i am holding off until i can sort mum out. It just doesnt seem fair. Can you help or point me in the direction of where i can get proper assistance. I have started to fill in the forms for centrelink but they ask for documents such as nursing home agreement which obviously has not been entered into as yet and i am trying to be in a position to deal with this in perhaps 6 weeks time. Thanks
We are sorry to hear about this difficult situation you are in right now. We believe the best thing to do would be to obtain legal and financial advice from professionals who can look at the documents you currently have in place. Please see below for some resources that should be able to assist;
Financial support and advice | My Aged Care
Financial hardship assistance | My Aged Care
https://www.servicesaustralia.gov.au/sa462
You may also consider information from both of the below links beneficial; Aged and Disability Advocacy Australia (ADA Australia) Provides free education and information sessions on advocacy services for older people and those with disabilities, such as rights and responsibilities within the aged- and community-care sectors. Supports adults with impaired decision-making capacities to resolve guardianship and administration issues.www.adaaustralia.com.au1800 818 338Relationships Australia Provides core services such as counselling, mediation and family dispute region (as well as associated early intervention and post-separation services).These services are funded by the government and are available in each state and territory. https://relationships.org.au/what-we-do/services1300