Caretaker agreement in fair deal home

gerardjf

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Hi Guys,

My Aunt has had her fair deal place accepted activated by the care representative her brother. Her brother is suggesting we live in her empty home on a caretaker basis? My question would be as they don't have enduring power of attorney is that within their remit to offer?

Thank you
 
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I'm thoroughly confused by your post.

1. Mary is now in residential care.
2. John (Mary's brother) is her care representative.
3. Mary's home is empty.

John ( is it John or some one else?) is proposing that you live in Mary's home effectively rent free; presumably so as not to leave it empty/unheated/uninsurable for a number of years.

As far as John's legal authority goes, I don't believe he has the right to dispose or rent out property on Mary's behalf; but presumably he has been taking care of business on his sister's behalf.

Whatever agreement is reached however ends once Mary passes away, even if there was an EPA it ends on Mary's death.

The only question you really need to concern yourself with is if the arrangement suits you, being aware that you will have to vacate on Mary's death.

Personally if I were John, I'd be very cagey.

IANAL
 
I'm going to assume Mary is no longer able to make her own decisions.

When you say caretaking basis. Do you mean in terms of legal or tax basis. Because issues start arising when you start to try get things like insurance, services or work done. Because noone actually has any authority.

That said you can muddle through. But it puts all concerned in limbo. Because there is no landlord or tenant legally. No one has any rights.

Caretaker status seems to be mostly about avoiding tax of gift of free rent.
 
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