Optimisation Strategy. Educating Ourselves. New Financial Responsibilities.

Hi all,

Firstly, I have found this forum an excellent resource so far so a big thank you to all the contributors.

Some background info.
Myself and my brother are trying to inform/educate ourselves as much as possible due a recent change in family circumstance. Recently my mother, who is on the pension and resides in a high care facility, was declared incapacitated due to a long term illness and thus Mum's Power of Attorney kicked in and the responsibility for her financial affairs has been passed to us.

Mum has no debt and no other assets except for outright ownership of the family house (where myself and my brother live) with approx value of $420K.

My brother has been employed at a real estate agency for about a year and I have recently finished business studies. After family discussions we have decided that we would look into the possibility of purchasing property in Mum's name.

At this stage we are open to most options as to what would be best for our position however are unsure what would be financially most beneficial. Our current thoughts on utilising the equity in the existing property is to purchase another property (at around 350k) which myself and my brother would tenant at 280p/w and then rent out the existing property (approx 380p/w).

Our goal is to continue to live in either the existing or new property paying the market p/w rental rate whilst optimising Mum's equity position.

The questions are several:
1) IF we followed through with our current thinking what would be the optimal financing structure?

2) Are there different tax implications for pensioners?

3) Is our current idea to purchase 1 property the best strategy to maximise the equity position or are there other strategies that could better optimise the current position. What financing structure would facilitate these different strategies?

I appreciate all responses and hope this isn't too much of a newbie question. We just want to cover all bases before making a decision.

Thank you
 
The question I would be asking is:

Is it in your mothers best interest to purchase a property? or is it in yours?

Someone who holds a power of attorney should act in the best interests of the person they represent.

Using your mothers equity to gear up and purchase another property doesn't seem to be in her best interest. Why you would even consider it, confuses me.

Your mother is in High Care, has no income other than the pension and has reasonably high fixed costs that go with the being in an nursing home.

The question I would be asking is:

does she have enough income to support herself in this facility?

If not I would be considering either renting out the family home (to you or to another party) or selling it.

I highly doubt your mother would approve, that you have even considered the potential drop in social security benefits and that there would be absolutely no tax benefit for your mother in negative gearing.
 
Fair and reasonable questions Greedy2000.
I appreciate your comments however without going into too much detail regarding the specific condition, this is something that has been an ongoing discussion in our family prior to the POA being implemented. My Mum has been adamant for a long time never to sell the family home, her wishes are for the family to make the best of a bad situation. We would not even consider any option that would jeopardise her health or care in the slightest. For you to insinuate otherwise is slightly insulting.

We are being as diligent as possible and trying to gain a wider sample size of information so that we can evaluate suggestions from this site with other information we have received.
Yes there are high costs associated with her condition and care. These costs have been met for an extended period of time through support from myself and my siblings and income derived through her pension.
We have considered the implication on social security benefits and have already met with Centrelink financial advisors regarding how future asset acquisition impact on this. Disability pension entitlements are assessed against both income and assets. Their preliminary advice was that to them, initially her net asset position would not alter greatly, as the finance needed to acquire a property would cancel out the market value of the property.

What we were hoping to learn from the wider property investment community is that, if we did go down the path of property acquisition, what would be the best way to do so from the point of view of experienced property investors. We were hoping for opinions on strategy and financial structuring so we could cross reference this at our next meeting with advice received from the Centrelink financial advisors.

Thank you
 
Be very careful with this. Get legal advice. You have fiduciary obligations to the principal and must act in her best interests.

Is the POA an enduring POA? Do you have the powers to do what you are proposing? Are there any restrictions, is it registered?

How are you going to get finance for mum? Is she working?

What effect would this have on any pensions. What does her will say? Do you know what it says, could you benefit from the will (eg. increasing your share of the estate depending on the wording).

Who could potentially make a claim against you if things go wrong, who is likely to make a claim?

etc etc
 
Wise words Terry W. We are aware of our fiduciary obligations and would explore legal options before definitively acting down this or any other path that would have a material impact. All discussions have occurred as a family unit and there is no dispute. Any decisions made will be done in full consultation with Mum and other interested parties.

However this topic was started to initiate conversation regarding if we did utilize the equity in the existing property, what would be the best strategy to optimize this and what finance structure would be most suitable?
 
How would a person get a loan in that situation, if not working or going to work again? And especially as the new place would be negatively geared?

Would it be a matter of the power of attorneys allowing an equity withdrawal.from the family home which then gets gifted.to them and they get the loan in their names? and perhaps this portion gets repaid upon sale of the.house in.the future?

Not sure
Thanks
 
Wise words Terry W. We are aware of our fiduciary obligations and would explore legal options before definitively acting down this or any other path that would have a material impact. All discussions have occurred as a family unit and there is no dispute. Any decisions made will be done in full consultation with Mum and other interested parties.

However this topic was started to initiate conversation regarding if we did utilize the equity in the existing property, what would be the best strategy to optimize this and what finance structure would be most suitable?

Heaps of legal issues there.

Besides the legal issues there is the practical side of finance and I am afraid your mother will not be able to find a lender. She doesn't have capacity so could not enter into a guarantee. An attorney could do anything the principal can, but finding a lender willing to lend directly to her (ie no guarantee) would be very hard without any income to support the loan.
 
From an ethical/legal perspective, you are best to concentrate on your education at this point and leveraging your own assets rather than Mum's.

From a finance perspective, one option that might work now is your mum providing a security guarantee for you each to purchase a property.

Note, these two pieces of advice could be viewed as mutually exclusive. It would be interesting to see Terry's opinion on a person providing a secuirty guarantee on the family asset while they are in a nursing home.
 
Home is everything for many old people. I would leave it alone without giving her any stress.

What if she needs money for her medical expense? Where will you find funds if you consume her house?
You have been living rent free. Where is your savings?
 
Note, these two pieces of advice could be viewed as mutually exclusive. It would be interesting to see Terry's opinion on a person providing a secuirty guarantee on the family asset while they are in a nursing home.

Hi Tobe,

I don't think there would be a lender willing to allow a guarantee.

It would also be a breach of the duties of the attorney unless, maybe, the attorney specifically gave this power and the power for an attorney to benefit themselves.
 
most lenders still have guarantors policy on their books, but their unwritten assessment excludes such a guarantor. not all though.

As long as the guarantor was of sound mind etc and took legal and financial advice, simply the fact they were in a care facility wouldnt be grounds for the security guarantee to be deemed legally unenforceable?
 
most lenders still have guarantors policy on their books, but their unwritten assessment excludes such a guarantor. not all though.

As long as the guarantor was of sound mind etc and took legal and financial advice, simply the fact they were in a care facility wouldnt be grounds for the security guarantee to be deemed legally unenforceable?

My understanding is in this case (the op's mum) the principal has lost capacity. She is therefore under a legal disability and couldn't give legal permission etc.

If someone is overseas etc and physically unable to sign but of mental capacity it would be slightly different.
 
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