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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14858
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My dad is in a rest home in Opotiki, Bay of Plenty. he wants

Customer Question

My dad is in a rest home in Opotiki, Bay of Plenty. he wants to sign over our family home to my sister & I. I live in Auckland & travel down every 2 weeks to visit. How do I get this done for Dad? how much might it cost?, what information must I provide to get the ball rolling?
would I still need to get power of attorney if he nolonger has any assets?
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
It is not actually difficult to transfer the property to your sister and to you. You would usually see a lawyer to arrange for the transfer, but in a situation like this you would need to have your father independently advised by another lawyer.You would all need to provide photo ID to your own lawyers and sign an authorised nominating authority. These are not difficult documents and are standard.The cost will not be great, but will have an extra cost with the Independent advice. But the real concern is that if your father is getting a rest home subsidy, then if he makes a gift of the house, WINZ will still regard this as his property. You will still have to use the money or borrow against the house to pay for the rest home subsidy. The value of the house will affect this, but he is better to leave you the house in his will, and you could then look after it.