Can my son or daughter continue to live in my house if I go into care?
Wondering if your family can stay in your home if you move into care? Learn how property rules, care funding, and family rights work in simple, clear terms.
What happens if I go into a care home?
When someone goes into care, a financial and Care Needs Assessment is carried out by the local council to determine how much of their care will be paid for by them or by the council. If they own their home, its value may be included, but not for the first 12 weeks after their move. If family members still live there, it may be disregarded depending on their situation (more on this below).
Other options to avoid selling the home may include investments, equity release, or deferred payment schemes in which the council pays for care up front and reclaims costs after the person dies or the home is eventually sold. Speak to your council and seek legal advice to learn your options. You can learn more in our guide to paying for care.
Can my adult children continue to live in my house if I am in a care home?
If your property is jointly owned, it will not be counted in the financial assessment, and therefore anyone who was living there before can continue to do so. Adult children can remain living in the home depending on their circumstances. Those who may be eligible to remain include:
- Adult children over 60 years old
- Adult children with disabilities
- Adult children who are still considered a dependent for any reason
In these cases, the property is usually disregarded in the financial assessment, and they can continue living there without the home being counted towards the person’s care fees. If the adult child is younger than 60, working, and not considered a dependent, the home’s value may still be included when calculating care costs.
What are “Mandatory Disregards”?
“Mandatory Disregards” are rules that protect the rights of eligible family members (based on the above criteria), allow them to remain in the home, and protect the home from being counted in a financial assessment when someone moves into a care home. For clarity, a Mandatory Disregard only applies to those living in the property before the person went into care. This protection ensures vulnerable family members are not forced from their home or left without support after a loved one moves to a care home.
Some people attempt to transfer the home into the adult child’s name to avoid paying care home fees, but this can be seen as an intentional move by the council, and is not recommended. Always seek legal or financial advice about care fees.
Are there any exceptions to this?
Exceptions to Mandatory Disregards exist when the circumstances are more nuanced — for example, the person may be under 60, not disabled, and not a dependent, but have good reason to remain in the home, such as if they have given up their own home to move in and care for the older person. In these cases, the local council may make individual exceptions at their discretion.
You can request a discretionary disregard, and the council must take this into account. If they choose to, they may not include the home in the financial assessment, but keep in mind that this may change at a later date. If they choose not to make an exception, they must explain why, and you can make a formal complaint through your local council if you disagree.
Why home care can be a good alternative to a care home
Home care can be a great alternative for those concerned about their adult children losing their home if they move into a care home. With home care, support is given within the home, allowing them to remain in familiar surroundings while their family continues to live there too. In these cases, the property will not need to be sold. Costs vary depending on level of support, but home care can often be more affordable and less disruptive.
At Home Instead, we are proudly rated 9.6 on Homecare.co.uk, and many of our locations are rated “outstanding” by the Care Quality Commission (CQC), so we can design a personalised package of care to suit your needs, whether that means a few hours of daily personal care, or specialist live-in support.