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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18777
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My dad has been in a rest home 5 years . We did not have to

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My dad has been in a rest home 5 years . We did not have to pay for his care because we took out a mortgage on his freehold home ( it's 50 years old ) to renovate it before he went into care as his daughter am living in the house am paying off the mortgage with the rent I pay. Plus putting lump sums onto it with any monies left over. So we can get rid of it. 1. When we pay this mortgage off do we start paying for our fathers care, 2. If he passes away after we pay it off does the house get sold and the money go to the government for dads care over the years. 3. If he dies before we pay it off we will sell the house to pay off the mortgage then does the rest off it go towards his care, My father has dementia and only remembers me an my sister as we took care of him before he went into the homer. My sister an brother have got power of attorney and have told us when dad dies all the monies from the sale of his asserts go to the government for his care. This is not a problem with me as our father worked hard all his life an provide us with a roof over our heads and food on the table.. I just want to no if my siblings are being honest with me. We are a family of 6 siblings.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : The home is exempt if the persons spouse still lives there, but as he is a widower, then the subsidy will not apply. Usually a charge is taken over the home up to the maximum, so when he dies, the property will need to be sold, or money raised to pay out the subsidy charged.
christhelawyer : This applies to a limit as set out in the relevant statute
christhelawyer : (2)Threshold A is $213,297 and applies to every resident assessed as requiring care—(a)who has no spouse or partner; or(b)whose spouse or partner is also a resident assessed as requiring care; or(c)whose spouse or partner is not a resident assessed as requiring care but who has elected, under clause 2, to have Threshold A apply to him or her rather than Threshold B.
christhelawyer : So up to that limit and also including an allowance for funeral expenses, any surplus is charged for the fees
Customer: Hi thank for your reply I am not familiar with the legal jargon of it all What do you mean because he is a widower then the subsidy will not apply .?
christhelawyer : Is your mother still alive?
Customer: So the max we will have to pay for his care is $213,297 he has funeral insurance and the house has a gv of $255,000 or does the government get the total sale of the house. Sorry am abit thick about it all
Customer: No she passed 7 years ago
Customer: Sorry am not computer savvy to thank for your patience
christhelawyer : That is the protected amount. If the house is only worth that then he gets a subsidy for his care. But WINZ will want payment from the property after your father dies. So it may have to be sold.
Customer: How much would wins want do think is there a limit or total amount
Customer: Thank for your help chris much appreciated I have shown yor reply to my friend and he has explained it to me in easy terms
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18777
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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