How registration of care for an elderly person leads to loss of real estate

Family law > Elderly > Care for pensioners in exchange for an apartment

The topic of the article is quite delicate: “Caring for the elderly for an apartment.”

However, this topic is relevant for many pensioners who, for some reason, are left alone: without relatives and close people who would help them with the most ordinary things: go shopping, pay utilities, cook food, clean the apartment, etc. d.

And then complete strangers, strangers who agree to care for the elderly in exchange for their real estate, may respond to help.

How to find an elderly person and enter into an agreement with him so that neither he nor the person caring for him is deceived?

Making a will

There are many such situations when a stranger caring for a grandmother is confident that the property will go to him in exchange for her apartment, because the old woman has drawn up a will with a notary.

No matter how it is! A will is the most uncertain type of transaction for a caregiver . And all because:

the testator can rewrite the will several times without notifying the person to whom the apartment is bequeathed. And if the relationship between the caregiver and the old woman has deteriorated, then the grandmother can safely change her point of view and change her will;
Often, after the death of an apartment owner, his relatives, whom the caring person has never even heard of, try to claim the rights to real estate. As a result, if he wants the apartment to go to him, there will be a long trial. And the court does not always side with the person to whom the apartment was bequeathed.

Making a will for a caregiver is convenient for the apartment owner. So, he receives sincere care and support, he disciplines the guardian.

But for a guardian, drawing up a will is not a suitable transaction option, because the old woman can change her mind at any time, change the will, or even sell the apartment. And then he will be left with nothing.

A person who wants to care for a lonely elderly person in an apartment must understand that if a pensioner in his old age is left completely alone, without relatives, friends and acquaintances, it means that he does not have such a simple character.

He can be conflicting and quarrelsome. Otherwise, such an old man would be surrounded by relatives, children, grandchildren, and friends.

Caring for an elderly person for an apartment is a freebie or hard work

Good afternoon. I know that this is not easy, I know because throughout the city of Dnepropetrovsk there were advertisements posted with the text “A YOUNG FAMILY WILL PROVIDE HELP TO AN ELDERLY PERSON FOR THE RIGHT TO INHERIT A HOUSING (I PROVIDE MEDICAL CARE)”) and before my eyes these advertisements were immediately torn down. I apologize, please help us , my husband and I have a small daughter, my husband’s parents are not very happy to see us at home, and we will probably not earn money for our apartment soon. Therefore, I will gladly look after an elderly person, feed, wash, change clothes, I have the skills since my mother is disabled I GUARANTEE INTEGRITY. Thank you.

Hmmm. People, wake up, why are you all chasing square meters. Remember, everyone comes up with problems for themselves. But you need to live where there is an opportunity to buy housing, look at the prices, in the regions, houses sell for pennies. And you need a few hands. Remember the words “Everyone is the builder of his own happiness .

Registration of a deed of gift for an apartment

Care for the elderly in exchange for an apartment can be documented by concluding a gift agreement . But in this case, unlike the previous one, the benefit will be on the side of the one caring for the elderly person.

After all, according to the donation agreement, the apartment becomes the property right during the pensioner’s lifetime. This means that the person who cares for the elderly becomes the full owner of the property.

And here the most interesting thing begins: if this person is decent, then, of course, he will continue to care for the pensioner. But if his thoughts are only about the poor old woman’s apartment, then he can even kick her out of the apartment.

Of course, the old woman can appeal this case in court, but this process is very lengthy and, moreover, expensive.

Caring for an elderly person with the right to inherit their home

Caring for an elderly person with subsequent inheritance of housing is accompanied by legal registration. The contract and will, certified by a notary, will become the basis for entering into the right of inheritance. When drawing up a contract, it is necessary to take into account various aspects that will reduce risks for both parties. In particular, we are talking about conditions of detention, possible provision of medical care (with appropriate education and experience), and the impossibility of termination without clearly defined grounds.

The situation is no easier for the renter. Most often, those who look after the elderly are afraid to get involved with strangers, so that previously unknown relatives do not later come to light and apply for housing. Although such situations are not uncommon among friends. Trying to find potential rent recipients through a company is a thankless and ineffective task. They will eventually select a suitable option for you, but they will demand a significant amount for it. Considering the fact that you will already have to pay rent, additional expenses may negate all the benefits of such an enterprise. Get ready for a long search and numerous rejections. Otherwise, you risk falling into almost slavish dependence on the contract, which will then be difficult to terminate without significant consequences.

Drawing up agreements on lifelong care for an apartment

It is best to document the care of single elderly people in exchange for an apartment by concluding a lifelong maintenance agreement with the right to inherit real estate.

This type of transaction is beneficial to both parties: both the one providing care and the one who needs this care.

There are two types of lifelong care agreement in exchange for an apartment:

Rent agreement.
Lifetime maintenance agreement.

Conclusion of a rent agreement

Under a rent agreement, one party (rent recipient) transfers property to the other party (rent payer) (Clause 1, Article 583 of the Civil Code of the Russian Federation).

In turn, the rent payer, in exchange for the property received, undertakes to periodically pay rent to the recipient.

Depending on the form in which maintenance funds will be provided (cash or in kind), the following types of rent are distinguished:

constant;
lifelong (lifelong maintenance agreement with dependents).

Under a lifelong maintenance agreement, one party (the alienator) transfers property to the second party (the acquirer) . In return, the acquirer undertakes to provide the alienator with lifelong maintenance or care, or both.

The peculiarity of this agreement is that the ownership of the property is transferred to the acquirer during the life of the alienator. At the same time, the alienator has the right to use this property for life.

But until his death, no actions (donation, pledge, sale) are possible. The notary places an encumbrance on the property.

Useful advice for the purchaser of property: record your material expenses as much as possible in the process of fulfilling obligations under the contract: collect checks, receipts, receipts, etc., that is, all documents that can prove your conscientious approach to fulfilling your duties.

In many everyday situations, concluding a lifelong maintenance agreement is the optimal way out and solution to the problems of those people who, for one reason or another, require care and maintenance.

What are the risks in a lifelong maintenance agreement?

Damage or accidental destruction of property . In this case, the acquirer is not released from obligations under the contract and is obliged to continue to support the alienator, even in the event of a complete loss of property.
Replacement of property . For example, according to the agreement, the alienator transferred an apartment, but after some time he inherited a residential building. Wanting to sell an apartment, the alienator may offer the recipient to replace the subject of the agreement from an apartment to a residential building.
If the buyer turns out to be a fraudster, and the subject of the contract is an apartment, then there is a risk of ending up on the street . In this situation, you must immediately go to court to terminate the contract.

Useful tips for those who are planning to provide care for a pensioner in order to obtain an apartment

Before agreeing to the conditions of a lonely elderly person, you need to find out the following from him:

Why did it happen that the old man remained lonely? Where are his children and relatives?
Who had helped him up to this point?
What health problems does he have?
What will be required from the caregiver, what responsibilities will he have? What kind of agreement does he want to draw up?

Drawing up a care agreement (lifetime maintenance)

This type of agreement between a single pensioner and a person who has agreed to care for him must be concluded in writing by a notary. Both parties to the contract must be present during the conclusion of the agreement.

They must have the following documents with them:

passports;
TIN (identification code);
statements from a pensioner and someone who is ready to support him for life in exchange for an apartment;
documents confirming the pensioner’s ownership of the apartment;
cadastral passport (technical passport).

Advantages of concluding a lifelong maintenance agreement:

The pensioner has every right to terminate the contract if the purchaser of the property does not fulfill his obligations specified in the contract.
The purchaser's expenses spent on maintaining the pensioner upon termination of the contract are not compensated to him.
If the financial situation of the owner of the apartment worsens sharply and he will not be able to support the pensioner, then he can terminate the contract and return the apartment to his own ownership.
In the event of the death of the purchaser of the apartment, the obligations under the agreement on the lifelong maintenance of a single pensioner pass to the heirs of the deceased. Those, of course, can refuse to comply with the terms of the contract, but then the apartment will return to the alienator.
Until the death of the alienator, the acquirer of the apartment does not have the right to perform any actions with it: change, sell, give, rent, and so on.
In the event of the death of the alienator, the purchaser of an apartment is obliged to organize a funeral, even if this clause was not specified in the contract.

Caring for an elderly person with the right to inherit housing: a mutually beneficial agreement

It provides for the payment of a monthly rent, which can be expressed either in a certain amount of money or in services. Within the framework of such relationships, rent can be represented by the provision of clothing, food, medicine, etc. The transaction indicates what property the caregiver will receive as gratitude after the death of the ward.

It is important to discuss, agree on and describe the remaining conditions in as much detail as possible in the contract. This will protect both parties from possible mutual reproaches. In addition, such documents are an important part of the evidence base in case of litigation on controversial issues. As a rule, they arise due to the fact that after the death of an elderly person, relatives claim the housing of the deceased. The document will allow you to prove that the property became the property of a person by right and at the will of the testator.

This is interesting: Payments to military personnel participating in the Chernobyl civil aviation accident

How to find an elderly person to care for in exchange for his apartment?

When caring for an elderly person for an apartment is required, many people have a logical question: “Where can I find a decent pensioner or, conversely, a person who will not deceive the old man and will fulfill all his requests?”

There may be several options:

Through relatives, friends, acquaintances . This is the most correct option, because the risk of being deceived is minimal, because the elderly person is known to friends and acquaintances.
Through advertisements in newspapers . At the same time, a person who wants to care for a lonely pensioner can either place an advertisement himself so that he can be found, or he can independently search for suitable offers. Don't look for advertisements on the Internet. Old people don’t post ads this way; scammers often take advantage of it. Where can I find advertisements in Moscow? There are many home visiting services on the Internet that help in finding caregivers or assistants to care for the elderly. You can also find private advertisements.
Through word of mouth . This method is tedious and time-consuming, but can be effective. You need to gain confidence in the old women who sit on benches from morning to evening, talk to them, find out who needs help. And then, as if by chance, meet a lonely old woman and offer her your services.

How to inspect an elderly person with the right of inheritance

State. This option is most practical for older people, since the government guarantees minimal but constant care.
Most often, strangers or distant relatives who lay claim to the property act as renters.
As an option, some people consider the services of companies that are looking for a suitable candidate. The method is unprofitable, since the company takes a large percentage for its activities.

There is no need to make a will.
The owner's place of residence remains in the same place.
Household ownership is re-registered to the renter.
The document is a simplified version in which all points are written down by the compiler.

Patronage for the elderly in exchange for an apartment

If a pensioner cannot cope with basic tasks (cannot dress himself, go outside without help, go to the store for medicine, etc.), then it is preferable for him to apply for patronage or guardianship.

Few people decide on such a service, because often a sick elderly person needs constant care.

Therefore, it is assumed that a nurse or guardian will live free of charge in the apartment of a single pensioner, and at the same time be sure to help him, fulfill his requests, instructions, and manage property for the benefit of the pensioner.

Such relationships must be documented - you need to draw up an agreement.

But here it is necessary to take into account an important point: the fact of the help of the person providing patronage in no way makes him a contender for the apartment of a lonely pensioner.

Of course, if the elderly person wants it, he can transfer property to his assistant, for example, make a will in his name.

An apartment in exchange for lifelong care for an elderly lonely person - what could be simpler? In fact, this is a responsible matter that requires patience, endurance, and the ability to find a common language with a pensioner.

Care for the elderly in exchange for their real estate must be documented . You can’t trust your grandparents’ words. It is best for both parties to draw up an annuity or life support agreement.

But it’s not worth drawing up a will or a gift agreement, because in this case one of the parties necessarily suffers: either the pensioner or the person who cares for him.

to the article “Care for pensioners in exchange for an apartment”

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Godfather writes to the king:
During what period can the seizure of an apartment be lifted under the “Lifetime Maintenance Agreement”: 1) Within 6 months after the death of the alienator or 2) After 6 months after the death of the alienator??? Many people are confused about this issue!!! THANKS FOR THE ANSWER .
Answer
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Leshy1 writes:
An Uzbek woman I know has already received her 4th apartment in Moscow, and our Ivan is working for the Armenians. What's wrong with Russia? Putin with Russia!
Answer
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Anyuta writes:
I’ve been renting a house for 15 years, my daughter is growing up, I won’t be able to buy a house, not when a hard-working woman is ready to take care of someone who needs help with housing. I’m tired of living like this, I don’t have the strength
Answer
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I want to find a lonely grandmother writes:
I want to find a lonely grandmother to care for in exchange for an apartment in Volgograd
Answer
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Lyudmila writes:
Read also: Features of the temperature schedule for supplying coolant to the heating system in 2021
I want to find an elderly person to look after an apartment. I don’t have my own home, I’ve been renting a home in Moscow for 15 years, I’m tired of working for rented housing. I work and already receive a pension, but my age doesn’t allow me to earn anything more. Please respond to my request. Very clean, I like to cook, I knit well. 89268598088
Answer
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Zhanna writes:
Hello, I'm looking for a single woman or man, I'll look after them, exchange for an apartment, my name is Zhanna, email [email protected]
Answer
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Polina writes:
I want to find an elderly person, preferably a woman, to take care of the property.
Answer
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alfira1970 writes:
I want to take an elderly person under guardianship in exchange for his housing
Answer
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Anonymous writes:
Who controls the implementation of the lifelong maintenance agreement?
Old people are incapable of this...
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Nina writes:
Good afternoon Please tell me how to properly refuse a social worker. I have an aunt who is 78 years old, I take care of her, my aunt also has a son and two nephews, but once she was assigned a social worker, how can we refuse without aunt’s participation. After all, we all look after her, she herself is not happy with everything all the time, she’s such a person. We can no longer torment the social security team, because she calls the management and complains and has all sorts of antics. She also walks perfectly, sees everything and understands what she says, etc.
Answer
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nick writes:
Hello dear friends.
It’s not like you can’t get your own corner.
It’s impossible to save money, the family is large.
My head went crazy when I heard the bank demand for a mortgage.
Everything went downhill.
In short, I will take an elderly (male) person under guardianship in exchange for his housing.
I really hope that this option will work out, and that a reasonable, adequate person will get in and we will find a common language with him.
I wish you all good luck and good health.
VLADIVOSTOK.
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Julia writes:
Hello. My name is Yulia. I am 40 years old. I am looking for an elderly person for lifelong care with the subsequent donation of his home.
Answer

Caring for my grandmother for an apartment in Moscow

All the more significant has become the chance to get a “roof” in exchange for the lifelong maintenance of lonely old people - after their death, to move into the vacated living space. True, the matter is troublesome, and the “payback” period - excuse the everyday cynicism - depends on when the pensioner rests in Bose. There is also a risk that distant relatives, suddenly jumping out like a jack-in-the-box, will try to sue for the housing. The neighbor is 74 years old, she needs care. She offered me to look after her in exchange for her housing. But she has a stepson who is currently in prison and his share of the apartment is 14. He agrees to sell his part. Please tell me how to arrange everything correctly . You need to buy out 1/4 share from your grandmother's son. And with your grandmother, enter into an annuity agreement or a lifelong annuity agreement.

How to take care of an elderly person

Dear Elena Vladimirovna! Taking custody is possible only if there is a court decision declaring the citizen incompetent. That is, SERIOUSLY MENTALLY ILL. And provided that you are appointed as the guardian. But the guardian has no rights to inheritance. In addition, a municipal apartment is the property of the state, and only the property of a citizen who dies can be inherited.

What documents are needed in order to take guardianship of an elderly person with the right to inherit their home? Housing is not privatized. How to restore documents (passport) to an elderly person if the passport is lost and the person cannot restore it on his own due to health reasons?

29 Jul 2021 uristlaw 379

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Details of screening of elderly people in exchange for the right to inherit living space

other citizens are registered in the premises, they must give written consent to the transfer of property to another person and have it notarized;
the donee is a minor child or an incapacitated person, then the agreement must be signed by a representative on his behalf;
movable property is transferred as a gift, then the contract does not need to be certified by a notary; when transferring real estate, the document must be notarized;
If you need to share something with another person, you should clearly indicate in the deed of gift his personal data, as well as the parameters of the transferred object.

Often, citizens are simply introduced to make a transaction, i.e. they are strangers; in another case, the agreement is concluded between relatives. You can use the services of special companies, but this method is the most unprofitable, since the percentage for the service is quite high.

This is interesting: Federal Law of February 23, 2021 No. 15-FZ