Agreement for caring for an elderly person with the right to inherit housing

Author of the article: Lina Smirnova Last modified: January 2020 1742

In today's life, there are often situations when elderly people are left alone and there is no one to care for them. A way out of this situation could be for elderly people to be cared for in an apartment that belongs to them by strangers or distant relatives. As a rule, young families who do not have the funds to purchase their own housing agree to such a mutually beneficial deal, and for them this agreement is a solution to their housing problem. And older citizens now have people responsible for them who will look after them.

Expert commentary

Leonov Victor

Lawyer

Such an agreement does not contradict the law, but is not reflected in its pure form in any of its articles. To implement this project, options for transactions available in the legislation are used. The important question here is which ones are most appropriate for this situation.

You will learn from this article how to choose the right type of contractual relationship when implementing your plan and formalize it legally so that neither party is harmed.

Care for the elderly with the right to inherit housing - laws

Art. 583 of the Civil Code of the Russian Federation determines that older people can transfer certain property to other persons, and they have the right to receive payment for this in any form. Also, this article allows for lifelong maintenance as a dependent.

Although this phenomenon has found legal regulation, in practice quite often the parties to the agreement abuse the opportunity. This can be expressed:

in dishonest performance of the duties of a caregiver;
the presence of legal heirs of the old man;
in fraud involving a risk to the health and life of the annuity recipient, that is, for an elderly person.

For this reason, the legislator is quite strict in the form of concluding such transactions, which are concluded when care for the elderly is required. And the parties to such an agreement should be very careful when selecting a counterparty and determining the list of rights and obligations of each other in exchange for an apartment.

Grandma for 1.3 million

“I felt deeply hurt for her.” I have been caring for sick old people for five years, but this is the first time I have encountered this. For the grandson, to whom she gave everything, to sell the apartment with his grandmother and leave her - it’s beyond my comprehension, - Karolina Zakharchenko, a former traumatology nurse, is outraged. During the day she works as a dishwasher, and in the evenings she takes care of the elderly. – I was next to Maria Semyonovna for two months. She paid from her pension - 200 rubles a day. Grandma was waiting for my arrival, she was the only one who felt bad. She wrote notes to neighbors asking them to visit her. I started going crazy from loneliness and resentment. She often asked me: “Why did I deserve this?!” At night she cried, screamed in pain, even tore her bed linen. She called for help. I didn’t see my grandchildren next to her, only my ex-daughter-in-law and her husband came once a week.

“We called an ambulance for my grandmother,” says “About the City of Ukhta” journalist Irina Shvab, who worked on this case. “The doctors said that she had dehydration and should have been fed normally. Then her relatives came to our editorial office with a complaint, saying, why did we call the ambulance!

23 Aug 2020 glavurist 298

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Options for transferring rights to an apartment

Under an annuity contract, ownership may be transferred to the annuitant at any time during the term of the contract. At the same time, the parties have the right to determine:

separate fee for transfer of property;
Free transfer of ownership for aged care.

In the first case, lonely old people without relatives can enter into a separate purchase and sale agreement. The parties can also carry out the procedure within the framework of a rent agreement, taking into account the rules of the Civil Code on the purchase and sale of property.

In turn, if no fee is provided for the transfer of property, then the parties are free to regulate mutual rights and obligations in accordance with the rules of donation. In this case, if disputes arise, their legal relationship will be considered not as rent, but as a donation, but taking into account the fact that the rentee retains obligations to support the old man.

In rare cases, the parties resort to drawing up a will. So, in most cases, caregivers do not agree to this, since after the death of the renter, difficulties may arise with the legal heirs with the right of inheritance, which is almost impossible to oversee.

Termination of contract by heir

A certain citizen was unhappy with the care, so she filed a lawsuit. However, she did not have time to complete the matter and died. Then the son, who inherited from his mother, declared his intention to return the property, since he was the legal successor on the plaintiff’s side.

The question of whether an heir has the right to enter into a dispute under an agreement based on personal relationships is decided ambiguously in various instances. But the Supreme Court believes that the termination of the contract is of a property nature and is not related to the identity of the annuity recipient, therefore the heir has the right to continue the dispute. This means that the recipient's chances of winning the case are reduced.

Lifetime maintenance agreement with dependents

Dependency implies running a joint household between the rent recipient and the renter. Thus, they live together. In this case, rent cannot receive monetary expression, but has an exclusively natural form. For example, rent can be expressed:

in food;
in providing medication if the pensioner is sick;
in resolving other everyday problems.

Practice shows that a lifelong annuity with a dependent is extremely unprofitable for the annuity owner. So it's rare that older homeowners agree to it. In addition, sharing a household with a pensioner can cause other kinds of everyday inconvenience.

Lifetime annuity agreement for the elderly

A life annuity agreement provides for the payment of maintenance in cash or in kind. In this case, the order and form of content is best described in detail in the contract.

The mistake of most older people is the refusal to meticulously regulate their content. Monetary terms also do not always seem to be beneficial for them, given the state of the country's economy.

Features of the agreement on lifelong maintenance and care

Based on the meaning of the legislation and the practice of concluding such transactions, the following features of life annuity agreements can be identified:

payment for the alienation of property has a special form - rent;
the transfer of ownership can be carried out either in advance or with a delay;
Rent can be in the form of either money or in-kind support.

A special feature of a lifelong maintenance agreement is that it may contain features of other civil law agreements regarding the alienation of property.

Which parties are involved in the contract?

As a rule, the parties to the apartment care agreement may be:

the renter, that is, the owner of the apartment and who receives assistance, usually an elderly person;
rent recipient, that is, the one who pays the rent.

But at the same time, Art. 586 of the Civil Code allows the transfer of property for which rent is paid to a third party on the right of ownership. In such cases, these persons may be involved in the contract as an interested party.

In such cases, the rentee bears subsidiary liability with third parties in whose favor the alienation was made to the renter and who are obliged to help.

Also, Article 596 of the Civil Code stipulates that rent can be established in relation to several owners of an apartment if it is in shared ownership. In this case, the rent cannot be inherited, but is transferred to other co-owners. So you will need to take care of all of them equally.

Procedure for concluding a housing agreement for care and supervision

An agreement on the transfer of an apartment for lifelong care of an old person, where the object of the agreement is real estate, including a residential property, is subject to the following procedures:

notarization;
state registration.

Any notary can certify a transaction. State registration is carried out in the multifunctional center.

As for the form of the contract itself, it is concluded in any form, taking into account the provisions of the law. It is worth noting that the table of contents of the contract is not as important as the content of individual clauses.

Caring for my grandmother for an apartment in St. Petersburg

This is all very terrible! And, apparently, an even bigger battle will take place over the apartment, with such and such an attitude. And that there are no special honeys in St. Petersburg. institutions? And if you are not interested in the inheritance, find an agency, transfer your share of the inheritance to them, let it go to this agency, they will take care of it, and you will control it. Or better yet, just go to a good family law lawyer and get advice on what the right thing to do is to at least have your back from the law. And before that, MANDATORY! inform your, sorry, in-laws about your further actions. For many, the possibility of publicity acts as a good slap in the face. Good luck to you and thank you for not abandoning the poor siege survivor, judging by everything you described - they are distinguished by such a fighting character!

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and the fact that the grandmother refuses to admit the fact that she was abandoned is clear pepper. It’s easier for her to live in a world of illusions, where her children and grandchildren love her, than to admit that no one cares about her. I know an aunt whose son has become a drunk, steals money from her, beat her a couple of times, still hopes that he will come to her for tea. It is difficult for parents to admit that their children have grown up to be bastards.

Encumbrance of an apartment

In legislation, a life annuity is equated to an encumbrance, that is, the object of a life annuity - real estate - is under an encumbrance. So the mutual rights and obligations of the parties to the contract are considered from the perspective of both the debtor and the creditor.

The fact of encumbrance is subject to recording in a special register. Only in this case can real estate be protected from alienation to third parties.

Otherwise, the relationship between the parties will be subject to the rule of Art. 586 of the Civil Code of the Russian Federation.

Caring for my grandmother for an apartment in St. Petersburg

Often, elderly people, not wanting to be deceived by private individuals, enter into an annuity agreement with the state. It is worth noting that these legal relationships are quite limited, older people receive minimal but necessary care, and most often they are sent to nursing homes, where they are under constant supervision. However, the state provides higher guarantees than a private person.

Surprisingly, there is a fairly large category of people who want to search an elderly person, and the elderly themselves who need care. However, despite the presence of supply and demand, relatively few annuity contracts are concluded. On the one hand, old people are afraid of running into scammers who are aiming for a quick profit; on the other hand, potential renters are afraid of putting an unbearable burden on their shoulders.

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How can you terminate a lifelong maintenance agreement?

If the annuity payer violates the terms of the contract, the annuity recipient has the right to demand redemption of the annuity. The cost of such redemption is determined as follows:

at the price stipulated in the contract;
at a price equal to the annual cost of rent, if the transfer of ownership was carried out according to the rules of purchase and sale;
at the cost of the apartment, if the transfer of ownership was carried out under the terms of the gift agreement.

If the annuity payer refuses to buy out, the annuity recipient has the right to demand termination of the agreement with compensation for all losses. The property is returned to the recipient of the rent, taking into account the rent paid and its offset against the redemption price.

Why does an elderly lonely person need 3 rooms?

The main reason is the habit of one’s apartment, the reluctance to change the situation, to live with someone else. Moving, as you know, is compared to 2 fires. This is always a psychological trauma, especially for older people who have lived in their apartment for many years.

One neighbor just like that didn’t want to move anywhere (to live with the children), her character was quite complex, and in recent years they hired a nurse. True, the nurse was terrible, but it was generally difficult to find someone with accommodation, especially for pennies.

07 Jun 2020 etolaw 1352

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