No, thank you, this is helping me because now I see replacing the executrix route isn't going to give us title to the house either... It's rather a case of disputing the will I guess
Ok would the HSE give us the loan if we could provide evidence (the will) that my father had left the estate to my mother? This would avoid the cost of having to go through probate via committee member acting for mom and administer the Will when we will have to do it again when my mother dies?
Sorry for your loss
You can apply to the court to obtain a probate officer’s order to issue a grant to a committee for the use and benefit of your mother during her incapacity in pursuant to Order 79 Rules 26/27 of the Superior Court Rules. In other words one of her children can act on her behalf. It will take ?
Ok would the HSE give us the loan if we could provide evidence (the will) that my father had left the estate to my mother? This would avoid the cost of having to go through probate via committee member acting for mom and administer the Will when we will have to do it again when my mother dies?
Have you spoken to the HSE? What have they advised? You have raised an interesting point though. At the moment you mom is a beneficiary, she has not the title to the property.
I would love to hear what MF and Vanilla (members of this forum) think on what her legal status is
In our case our parent was left a property after they had entered the nursing home. We informed HSE, they calculated the increased payments from the date the actual transfer took place even though he was a beneficiary while in the nursing home for the previous three years. So they did not look for any back payments
At present in my lay reading of this your mother has no assets so maybe she is not liable for any fees
I can only speak from personal experience. I also know another person who had no assets except they were a beneficiary to an estate at the time they entered the nursing home and they were not charged either. Whether they told the HSE I have no idea. But when you look at it, at the moment your mom has the right to inherit the property through the probate courts but until such time as a transfer takes place she has no assets
Please update us on how you get on!
I am sure your Mam’s circumstances are not unique, phone your local Nursing Homes Support office for advice on your application, I always found them very helpful.
It seems to me the simplest thing to do would be for you to be your Mam’s care representative (You can do this without legal representation) and apply for the ancillary state support.
If you do get approved it means the HSE consider the house to be your Mam’s and there will be a 22.5% charge on the house which will have to be discharged when the house is eventually sold.
Either way, your Mam will get the care she needs now without putting any financial burden on the family.
The procedure for becoming a Care Representative is dealt with in Section 7 here;
http://www.hse.ie/eng/services/list/4/olderpeople/nhss/National Guidelines for the Standardised Implementation of the Nursing Home Support Scheme.pdf
I think this is an important point overall because if we hadn't stated on the financial assessment form that mom was the owner/ has this asset, ( which technically she doesn't and we are making an assumption around what is in the will) then our total weekly contribution would have been less and we could have potentially funded it ourself.
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