Mum was self supporting up until a couple of months ago. She has had a couple of serious falls and is in hospital. Now needs aged care. My sister and her family have lived in her home for over 15 years, paying no rent. They have always had a high income and many investments. They have sold another property owned by my parents and made improvement on mum's home for their benefit, including a pool. My mother signed a guarantor for my brother in law for $150,000 line of credit 10 years ago at the CBA and they have used all of mum's pension, some to pay this interest only amounts. I believe this was against her wishes. Some of which may have been used for funding their investments. She now needs aged care and I am finding it difficult to move them out and let real estate agents access the home. With only a small amount of money from the time she has been in hospital it will be a costly exercise until I can sell her home (The CBA will take $150,000 from the sale) to place her in an aged care facility. My sister refuses to pay anything towards a daily fee, even though still living in the home. It is sad to hear of elder abuse and some advice is that it will be costly to challenge the CBA guarantee or financial compensation to mother's assets from these issues. My concern is to ensure mum is cared for going into aged care and selling her home to pay the aged care costs. My sister is furious that my mother did a POA for me as she was fearful of my sister as a bully. What law firms specialise in elder abuse issues?
You will have to call them on the phone and ask.
1. When is your mother likely to be ready for discharge from hospital? There will be a discharge team or hospital social worker who can help you prepare for this and advise on how to get her admitted to an appropriate care home, including the short-term financing.
2. You then need to get a grip on the accounting of your mother's income and assets. It sounds as if you have done some of that; but how much headway have you made in explaining to your sister that she and her family will need either to buy your mother's home at the market rate or to relocate?
Are you in Australia?