Q: What is the timeline for vacating a residence where I am the sole caregiver for my parent with dementia after he is gone
I am located in New York. I own my own home but have moved into a house, purchased by my father's trust, to care for him in his finals years. I have been there for 6 months and hold down a full time job and see no immediate change in his living circumstances. Maintaining 2 properties is proving to be too much for me and I am considering selling my home. My concern is the length time I will have to find a new residence after my dad passes or is placed in a residential facility. My mother has passed and the decision to move dad into this house with me, instead of a residential facility, has caused some dissension among my siblings. My brother has Power of Attorney over all finances and I am my fathers health care proxy, there is no lease and the trust holds the deed (which consists of all the children upon his death). Will I have adequate time to find and buy a new home or do I need to worry about being homeless if I sell my home?
A: It depends on your father's will, if any, and who gets the house after he is passed. You will have time to move, as you would have to be evicted like any holdover tenant in court, in the worst case scenario.
A: If the house is owned by the Trust that you mention in your post, the Trust and not your father's will or Estate would control the disposition of the property. As your father's care provider, you are not afforded any particular time to relocate and a case to remove you from possession could be commenced at anytime. Depending on the terms of the Trust, the Trustees may be able to enter into an agreement with you prior to your father's passing to provide you with the time you are interested in being assured to relocate.
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