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Fair deal scheme and care representative duty and who owes the money?

  • 24-01-2019 8:31pm
    #1
    Realtine
    Registered Users, Registered Users 2 Posts: 391 ✭✭


    can anyone answer?
    Mum in law in hospital, they have decided she required 24 hour care,
    fair deal scheme about to be applied for, my husband is the only member of her 12 children willing to sign forms (:mad:) she cannot sign for herself, diminished .
    BUT my concern is who is liable for any debt after she dies, in her will she has left her house to her youngest son, who does not live there but there is a family member currently residing in the home. We have no interest in, or have anything got to do with the house, but if she owes 20 thousand to fair deal scheme is my husband liable for that money if there is problems with the house, and her son who will then own it after she goes?
    (my concern is my own home) - social worker in hospital says no....BUT??

    (He's off to court tomorrow to sign some forms)


Comments

  • #2
    Uriel.
    Registered Users, Registered Users 2 Posts: 8,061 ✭✭✭Uriel.


    Realtine wrote: »
    can anyone answer?
    Mum in law in hospital, they have decided she required 24 hour care,
    fair deal scheme about to be applied for, my husband is the only member of her 12 children willing to sign forms (:mad:) she cannot sign for herself, diminished .
    BUT my concern is who is liable for any debt after she dies, in her will she has left her house to her youngest son, who does not live there but there is a family member currently residing in the home. We have no interest in, or have anything got to do with the house, but if she owes 20 thousand to fair deal scheme is my husband liable for that money if there is problems with the house, and her son who will then own it after she goes?
    (my concern is my own home) - social worker in hospital says no....BUT??

    (He's off to court tomorrow to sign some forms)

    No, any residual debt will come out of her estate. If she applies for the nursing home loan a charge will be put against her house. Following her passing that charge will be called in. The then owner of the house may be able to apply for a deferral of repayment, subject to certain conditions. Ultimately the Revenue Commissioners will recoup the loan from the house.

    A care representative does not acquire any liability, unless the care representative inherits the property against which the charge is placed.


  • #3
    Realtine
    Registered Users, Registered Users 2 Posts: 391 ✭✭Realtine


    Uriel. wrote: »
    No, any residual debt will come out of her estate. If she applies for the nursing home loan a charge will be put against her house. Following her passing that charge will be called in. The then owner of the house may be able to apply for a deferral of repayment, subject to certain conditions. Ultimately the Revenue Commissioners will recoup the loan from the house.

    A care representative does not acquire any liability, unless the care representative inherits the property against which the charge is placed.

    Thank you, thank you, thank you, that's all I wanted clarified.


  • #4
    splinter65
    Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    Realtine wrote: »
    Thank you, thank you, thank you, that's all I wanted clarified.

    Please don’t worry. As the last poster says, after your mother in law dies the HSE will look to recoup whatever they’re owed from the estate she leaves behind. Your husband, as he’s not going to be a beneficiary of that estate, won’t be liable for anything.


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