LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

Rental Agreement with Son of Aged Disabled Parent?

Discussion in 'Property Law Forum' started by Jason Pilgrim, 21 July 2014.

  1. Jason Pilgrim

    Jason Pilgrim Member

    Joined:
    21 July 2014
    Messages:
    2
    Likes Received:
    0
    Hi,
    I cared for mum at home to keep her out of care institutes after a stroke which left her paraplegic, for about 8 years. In the last 2 years she developed Alzheimer's dementia and got steadily worse until (I have Rheumatoid and Ancholising Spondalitis Arthritis for which I'm also on a pension) I had a bad spinal injury from getting her back on the couch from the floor after she fell out of her wheelchair.

    I continued for a while looking after her with heaps of pain in my back and very little rest from the all night (Sun-downers) delusions and panic attacks including thinking I was her husband and was refusing to share her bed etc. I eventually had to give in and put her in a care home. I had advice that I could live in the home for 2 years after this event rent free which I have as I couldn't afford local rent and I need to be near her home to visit and attend regular call ins as her next of kin and power of attorney.

    The home costs heaps and mum's money just barely covers it with the Government assistance and once the 2 years is up the house will become an accountable asset which will end her pension unless the house is rented out until she dies. The question is with regard to whether I can rent it to myself with a tenancy agreement - lease from mum as her "Power of Attorney" and if so, who would sign the form as the landlord? Is it possible for me to sign on mum's behalf like I do for all her other documents and also sign as the tenant?
     
  2. Jason Pilgrim

    Jason Pilgrim Member

    Joined:
    21 July 2014
    Messages:
    2
    Likes Received:
    0
    I just spoke to Centrelink and was told that the house will be assessed as an asset regardless of whether I rent it or not so it looks like I'll have to sell it for her to keep paying her fees and move into a park with my old caravan and 2 dogs:-( Life's a B... and then you die hay.
     

Share This Page

Loading...