Confused 101
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My unmarried/ childless 87 yr old Aunt is currently in a nursing home after suffering a stroke. Prior to this she was showing signs of early dementia and the stroke appears to have accelerated the dementia. She is unable to go home as she lives alone so the only option is for her to remain in the nursing home. Fair deal scheme will have to be availed of and thats where our problem arises.
We believe my aunt has very little money. She was carer to my grandparents when they were alive and lived on a non contributory pension since they died. She only ever had the odd cleaning job. Her nieces and nephews would contribute to buy her heating oil etc. She would constantly complain about lack of money so without access to her accounts we are reasonably sure she has no large bank balance. She does however own a valuable property probably worth about €1M. She announced 3 years ago that she was leaving this house to her nephew who has always lived abroad. This was an odd choice but all her nieces and nephews in Ireland respected her choice and respected her for making this known within the family.
So she is unable to deal with the Fair deal application herself. We have reached out to her chosen nephew abroad and he has refused to deal with this or come and visity her. I have dealt with the fair deal process before for another elderly uncle and became his care representative and took responsibility for the debt incurred. I had no problem doing this as I knew he had the means to discharge any costs incurred, falling due after his death. In my aunts case I am very reluctant to take responsibility for anything as Im concerned I may be left responsible for any debts left. We strongly suspect that if she died this nephew wouldnt even come to the funeral and that he is also executor of her will.
I have gone to the Fair deal office and they were not very helpful and just said we need to get the information in to them. I had an off the record chat with a Solicitor friend and he advised that no solicitor is interested in the legal processes around this since new procedures came through. He advised me to stay well away from the situation and do nothing.
My questions are:
I want my Aunt to be cared for properly but I am concerned that I may be liable for the debts if I take responsibility. Its a bit of a mess.
We believe my aunt has very little money. She was carer to my grandparents when they were alive and lived on a non contributory pension since they died. She only ever had the odd cleaning job. Her nieces and nephews would contribute to buy her heating oil etc. She would constantly complain about lack of money so without access to her accounts we are reasonably sure she has no large bank balance. She does however own a valuable property probably worth about €1M. She announced 3 years ago that she was leaving this house to her nephew who has always lived abroad. This was an odd choice but all her nieces and nephews in Ireland respected her choice and respected her for making this known within the family.
So she is unable to deal with the Fair deal application herself. We have reached out to her chosen nephew abroad and he has refused to deal with this or come and visity her. I have dealt with the fair deal process before for another elderly uncle and became his care representative and took responsibility for the debt incurred. I had no problem doing this as I knew he had the means to discharge any costs incurred, falling due after his death. In my aunts case I am very reluctant to take responsibility for anything as Im concerned I may be left responsible for any debts left. We strongly suspect that if she died this nephew wouldnt even come to the funeral and that he is also executor of her will.
I have gone to the Fair deal office and they were not very helpful and just said we need to get the information in to them. I had an off the record chat with a Solicitor friend and he advised that no solicitor is interested in the legal processes around this since new procedures came through. He advised me to stay well away from the situation and do nothing.
My questions are:
- If no documents are filed with the Fair deal Office can they throw out my Aunt from the Nursing Home?
- If upon my aunts death, debts are owed for nursing home, funeral expenses etc, is my Aunts sole benificary ( her nephew abroad )liable for these debts? We suspect he wont sell the property - he will just leave it empty for a few years. Can he say there is no money in the estate or can he be forced to sell the property?
I want my Aunt to be cared for properly but I am concerned that I may be liable for the debts if I take responsibility. Its a bit of a mess.