Hi all the lovely people! Big question!
Was wondering if anyone has any experience with NDIS. My MIL is wanting her daughter who is 100% care to stay in the home they are in once she passes away. (If she passes first) and for her to be the full beneficiarie of her estate. My partner (her son) had always said she will live with us and we are fully equipped with granny flat and space. For some reason my MIL thinks it will be best if she stays in her home with a carer full time instead. So was wondering, once the estate is in the sisters name, who isn't at capacity to care for herself. What will be the catch? Will my partner have a say in her life at all? Will we be putting her in care and not have any legal say in her life at all?
NDIS
NDIS
Posted in:
Life Lessons
6 Replies
I think it would depend on who the POA is after your MIL dies. She also could have put the house in a trust. I guess you have to also look at the reasons why she might want her to stay in the house, it must be really hard knowing you're going to die and leave a dependent child for someone else to care for. She would know her needs better than anyone and if she thinks this is the best option then I don't think that should be questioned. Nobody wants their child in a nursing home or forgotten about in a granny flat in the backyard. With a paid carer she will be looked after and taken out, have different visitors and still feel like she's in her home.
I'm assuming a testamentary trust will be set-up with your SIL as beneficiary and the trustee will make all the decisions regarding her care as per the trust deed. You mother will stipulate what she wants in the trust deed.
If your partner is not the trustee, he will have no say.
I would suggest that MIL know her daughter's needs best.
The trust will protect your SIL in case family members want access to the assets in the trust.
As everything goes through the trustee, nothing untoward can happen.
You will need legal help with becoming her guardian as her whole life isn't managed by NDIS. Your partner will need to have POA which will include NDIS funding (although there are organisations to help manage this). It's not means tested.
Be aware NDIS will only fund what they see is reasonably necessary (i.e. as little as possible). If your LAC writes into the plan request that she has a welcome, safe, full time care option with you there'll less chance of her getting full time carers and support workers, cleaners, etc. in her own home. So remove the option of her living with you before your NDIS plan meeting, and focus on her requirement to live alone. NDIS is a fantastic scheme so I'm not saying they'll reject it, but they are known for minimizing cost as it's blown out exponentially.
She might be trying to save you both from the life that is being a carer for someone full time. Nobody really makes a sacrifice quite like a Mum and she may know the stress that could have on you guys. She might also feel like your husbands life has already been impacted by his sister and she's feeling mum guilt about leaving him as a full time carer.
I agree with this.