Written answers
Tuesday, 30 November 2010
Department of Health and Children
Nursing Homes Support Scheme
5:00 am
Richard Bruton (Dublin North Central, Fine Gael)
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Question 153: To ask the Minister for Health and Children if a person appointed by the Circuit Court as the care representative has the legal authority to sell the home of their parent while their parent is still alive; after the death of that parent is it the care representative or the executor of the will who will sell the home to repay the required fair deal loan; and if she will make a statement on the matter. [44743/10]
Áine Brady (Kildare North, Fianna Fail)
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Under the Nursing Homes Support Scheme, the care representative may act on behalf of a person of diminished mental capacity (a "relevant person") in relation to the application process for the scheme. The care representative is also specifically empowered to act on behalf of the relevant person in relation to making an application for the Nursing Home Loan and consenting to the creation of the charging order which secures the loan. The Court Order appointing the care representative does not legally authorise him or her to sell the property of the relevant person.
With regard to repayment of the Nursing Home Loan after the death of a relevant person, it is the personal representative (i.e. the Executor of the Will or the administrator) who is primarily responsible for ensuring repayment of the debt. However, a person who inherits the property or any part of it can also be held accountable.
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